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Code · REGISTER · 2007-04-20 · Federal Emergency Management Agency, DHS · Notices

Notices. Notice and request for comments

38,998 words·~177 min read·/register/2007/04/20/07-1972

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BILLING CODE 4140-07-M DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice and request for comments. SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed continuing information collection.
In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning information required by FEMA to amend or revise National Flood Insurance Program Maps to remove certain property from the 1-percent annual chance floodplain. SUPPLEMENTARY INFORMATION: With the passage of the Flood Disaster Protection Act of 1973, an owner of a structure, with a federally backed mortgage, located in the 1-percent annual chance floodplain, was required to purchase federal flood insurance.
This was in response to the escalating damage caused by flooding and the unavailability of flood insurance from commercial insurance companies. As part of this effort, FEMA mapped the 1-percent annual chance floodplain in communities. However, due to scale limitations, individual structures that may be above the base flood cannot always be shown as being out of the 1-percent annual chance floodplain. FEMA will issue a Letter of Map Amendment
(LOMA)to waive the Federal requirement for flood insurance when data is submitted to show that the property or structure is at or above the elevation of the base flood. Collection of Information *Title:* Application Form for Single Residential Lot or Structure Amendments to National Flood Insurance Program Maps. *Type of Information Collection:* Revision of a currently approved collection. *OMB Number:* 1660-0037. *Form Numbers:* FEMA Forms 81-92 and 81-92A. *Abstract:* FEMA Form 81-92 is designed to assist requesters in gathering information that FEMA needs to determine whether a certain single-lot property or structure is likely to be flooded during a flood event that has a one-percent annual chance of being equaled or exceeded in any given year (base flood). FEMA Form 81-92A is a Spanish version of FEMA Form 81-92 and, as such, only one of the two forms would be required for any one application. *Affected Public:* Individuals or household (homeowners) and business or other for profit. *Estimated: Total Annual Burden Hours:* 31,680. Data collection activity/instrument Number of respondents Frequency of responses Hour burden per response Annual responses Total annual hour burden
(C)(D)=(A×B) (E)=(C×D) Form 81-92: Homeowners 11,550 1 1.2 11,550 13,860 Engineers, Surveyors 11,550 1 1.2 11,550 13,860 Form 81-92A(Spanish Version): Homeowners 1,650 1 1.2 1,650 1,980 Engineers, Surveyors 1,650 1 1.2 1,650 1,980 Total 26,400 26,400 31,680 *Estimated Cost:* Cost to respondents is estimated to be $619,835 annually. *Comments:* Written comments are solicited to
(a)evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)enhance the quality, utility, and clarity of the information to be collected; and
(d)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Comments must be submitted on or before June 19, 2007. *Addresses:* Interested persons should submit written comments to Chief, Records Management and Privacy, Information Resources Management Branch, Information Technology Services Division, Federal Emergency Management Agency, 500 C Street, SW., Room 609, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Contact Cecelia Lynch, FEMA, Federal Insurance and Mitigation Administration at
(202)646-7045 for additional information. You may contact the Records Management Branch for copies of the proposed collection of information at facsimile number
(202)646-3347 or e-mail address: *FEMA-Information-Collections@dhs.gov* . Dated: April 10, 2007. John A. Sharetts-Sullivan, Chief, Records Management and Privacy Information Resources Management Branch, Information Technology Services Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-7581 Filed 4-19-07; 8:45 am] BILLING CODE 9110-11-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice and request for comments. SUMMARY: The Federal Emergency Management Agency
(FEMA)has submitted the following information collection to the Office of Management and Budget
(OMB)for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden ( *i.e.* , the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. *Title:* EMI Independent Study Course Enrollment and Test Answer Sheet. *OMB Number:* 1660-0046. *Abstract:* The IS program office collect data from FEMA Form 95-23 to create and update student records and provide students with credit for training completion. The system also allows FEMA to track completions and failures of course exams. The data on the electronic form will be encrypted and sent to the server to be parsed into the Independent study database. The paper version of the form will be scanned and parsed into the database or key entered into the database. *Affected Public:* Individuals or Households, Federal Government, and State, Local or Tribal Government. *Number of Respondents:* 883,117. *Estimated Time per Respondent:* 45 minutes. *Estimated Total Annual Burden Hours:* 1,854,546. *Frequency of Response:* 4 *Comments:* Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/FEMA, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. Comments must be submitted on or before May 21, 2007. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection should be made to Chief, Records Management, FEMA, 500 C Street, SW., Room 609, Washington, DC 20472, facsimile number
(202)646-3347, or e-mail address *FEMA-Information-Collections@dhs.gov.* Dated: April 13, 2007. John A. Sharetts-Sullivan, Chief, Records Management and Privacy Information Resources Management Branch, Information Technology Services Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-7582 Filed 4-19-07; 8:45 am] BILLING CODE 9110-11-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice and request for comments. SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed revised information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the information collection outlined in 44 CFR part 61, as it pertains to application for National Flood Insurance Program insurance. SUPPLEMENTARY INFORMATION: The National Flood Insurance Program
(NFIP)is authorized by Public Law 90-448
(1968)and expanded by Public Law 93-234 (1973). The National Flood Insurance Act of 1968 requires that FEMA provides flood insurance at full actuarial rates reflecting the complete flood risk to structures built or substantially improved on or after the effective date for the initial Flood Insurance Rate Map
(FIRM)for the community, or after December 31, 1974, whichever is later, so that the risks associated with buildings in flood-prone areas are borne by those located in such areas and not by the taxpayers at large. In accordance with Public Law 93-234, the purchase of flood insurance is mandatory when Federal or federally related financial assistance is being provided for acquisition or construction of buildings located, or to be located, within FEMA-identified special flood hazard areas of communities that are participating in the NFIP. When flood damage occurs to insured property, information is collected to report, investigate, negotiate and settle the claim. Collection of Information *Title:* National Flood Insurance Program Claims Forms. *Type of Information Collection:* Revision of a currently approved collection. *OMB Number:* 1660-0005. *Form Numbers:* 81-40 (Worksheet-Contents-Personal Property), 81-41 (Worksheet-Building), 81-41A (Worksheet-Building Continued), 81-42 (Proof of Loss), 81-42A (Increased Cost of Compliance Proof of Loss), 81-43 (Notice of Loss), 81-44 (Statement as to Full Cost to Repair or Replacement Cost Coverage, Subject to the Terms and Conditions of this Policy), 81-57 (National Flood Insurance Program Preliminary Report), 81-58 (National Flood Insurance Program Final Report), 81-59 (National Flood Insurance Program Narrative Report), 81-63 (Cause of Loss and Subrogation Report), 81-96 (Mobile Home Worksheet), 81-96A (Mobile Home Worksheet Continued), 81-98 (Increased Cost of Compliance
(ICC)Adjuster Report), 81-109 (Adjuster Preliminary Damage Assessment), 81-110 (Adjuster Certification Application). *Abstract:* The claims forms used for the NFIP are used by policyholders and adjusters to collect the information needed to investigate, document, evaluate, and settle claims against NFIP policies for flood damage to their insured property or qualification for benefits under Increased Cost of Compliance coverage. *Affected Public:* Individuals or households; business or other for-profit; not-for-profit institutions; farms; Federal government; State, local or tribal government. *Estimated Total Annual Burden Hours:* 29,448. Annual Burden Hours Project/activity (survey, form(s), focus group, worksheet, etc.) Number of respondents* Frequency of responses Burden hours per respondent Annual responses Total annual burden hours
(C)(A×B) (A×B×C) FEMA Form: 81-40 3,150 1 2.50 3,150 7,875 81-41 4,950 1 2.50 4,950 12,375 81-41A 5,250 1 1.00 5,250 5,250 81-42 5,250 1 0.08 5,250 420 81-42A 375 1 2.00 375 750 81-43 5,250 1 0.07 5,250 368 81-44 1,500 1 0.10 1,500 150 81-57 5,250 1 0.07 5,250 368 81-58 5,250 1 0.07 5,250 368 81-59 3,000 1 0.08 3,000 240 81-63 525 1 1.00 525 525 81-96 300 1 0.50 300 150 81-96A 300 1 0.25 300 75 81-98 375 1 0.42 375 158 81-109 750 1 0.25 750 188 81-110 750 1 0.25 750 188 Total 42,225 42,225 29,448 * There is an estimated 7,500 respondents, however not all will file all forms. The estimated number of policyholders who will file insurance claims due to flood damage is based upon claims' historical trends. The public reporting burden for the collection of information is estimated to average four hours per claim. This estimate includes the time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information. *Estimated Costs:* $654,040. *Comments:* Written comments are solicited to
(a)Evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)enhance the quality, utility, and clarity of the information to be collected; and
(d)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Comments must be submitted on or before June 19, 2007. ADDRESSES: Interested persons should submit written comments to Chief, Records Management and Privacy Section, Information Resources Management Branch, Information Technology Services Division, Federal Emergency Management Agency, 500 C Street, SW., Room 609, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Contact Karen Christian, Insurance Examiner, Mitigation Division, Risk Insurance Branch at
(202)646-2693, *Karen.Christian@dhs.gov,* or Carolyn McGill, Insurance Examiner, Mitigation Division, Risk Insurance Branch at
(202)646-3969, *Carolyn.McGill@dhs.gov,* for additional information. You may contact the Records Management and Privacy Branch for copies of the proposed collection of information at facsimile number
(202)646-3347 or e-mail address: *FEMA-Information-Collections@dhs.gov.* Dated: April 10, 2007. John A. Sharetts-Sullivan, Chief, Records Management and Privacy Section, Information Resources Management Branch, Information Technology Services Division, Federal Emergency Management Agency. [FR Doc. E7-7585 Filed 4-19-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-3275-EM] Iowa; Amendment No. 1 to Notice of an Emergency Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of an emergency declaration for the State of Iowa (FEMA-3275-EM), dated March 30, 2007, and related determinations. EFFECTIVE DATE: April 12, 2007. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for the State of Iowa is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared an emergency by the President in his declaration of March 30, 2007: Cherokee, Ida, Osceola, and Webster Counties for emergency protective measures (Category B), including snow removal, under the Public Assistance program for any continuous 48-hour period during or proximate to the incident period. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E7-7563 Filed 4-19-07; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1678-DR] Oklahoma; Amendment No. 4 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1678-DR), dated February 1, 2007, and related determinations. EFFECTIVE DATE: April 12, 2007. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of February 1, 2007: Caddo, Garfield, Pushmataha, and Stephens Counties for Public Assistance. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E7-7583 Filed 4-19-07; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review; Form N-400, Application for Naturalization; OMB Control No. 1615-0052. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until June 19, 2007. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Officer, 111 Massachusetts Avenue, 3rd floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov.* When submitting comments by e-mail please make sure to add OMB Control No. 1615-0052 in the subject box. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of Information Collection:* Extension of an existing information collection.
(2)*Title of the Form/Collection:* Application for Naturalization.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form N-400; U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals or households. USCIS uses the information on this form to determine an applicant's eligibility for naturalization.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 700,000 responses at 6 hours and 8 minutes (6.13 hours) per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 4,291,000 annual burden hours. If you have comments, suggestions, or need a copy of the proposed information collection instrument, please contact USCIS, Chief, Regulatory Management Division, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529, telephone 202-272-8377. Dated: April 17, 2007. Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-7584 Filed 4-19-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review; Form N-600, Application for Certificate of Citizenship; OMB Control No. 1615-0057. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until June 19, 2007. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Officer, 111 Massachusetts Avenue, 3rd floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov.* When submitting comments by e-mail please make sure to add OMB Control No. 1615-0057 in the subject box. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of Information Collection:* Extension of an existing information collection.
(2)*Title of the Form/Collection:* Application for Certificate of Citizenship.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form N-600; U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals or households. USCIS uses the information on the form to make a determination that the citizenship eligibility requirements and conditions are met by the applicant.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 88,500 responses at 1 hour and 35 minutes (1.583 hours) per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 140,095 annual burden hours. If you have comments, suggestions, or need a copy of the proposed information collection instrument, please contact USCIS, Chief, Regulatory Management Division, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529, telephone 202-272-8377. Dated: April 17, 2007. Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-7587 Filed 4-19-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of an Existing Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection under Review: Form I-865, Sponsor's Notice of Change of Address; OMB Control No. 1615-0076. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on February 5, 2007, at 72 FR 5300 allowing for a 60-day public comment period. No comments were received on this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until May 21, 2007. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, 3rd floor, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *kastrich@omb.eop.gov.* When submitting comments by e-mail please make sure to add OMB Control Number 1615-0076 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this Information Collection
(1)*Type of Information Collection:* Extension of a currently approved collection.
(2)*Title of the Form/Collection:* Sponsor's Notice of Change of Address.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-865. U.S. Citizenship and Immigration Services (USCIS).
(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals or Households. This form will be used by every sponsor who has filed an Affidavit of Support under Section 213A of the Immigration and Nationality Act to notify the USCIS of a change of address. The data will be used to locate a sponsor if there is a request for reimbursement.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 100,000 responses at .25 hours (15 minutes) per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 25,000 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please contact Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529; Telephone 202-272-8377. Dated: April 17, 2007. Stephen Tarragon, Deputy Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-7588 Filed 4-19-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review; Form I-864, Affidavit of Support Under Section 213A of the Act; Form I-864A, Contract Between Sponsor and Household Member; Form I-864EZ, EZ Affidavit of Support under Section 213 of the Act; Form I-864W, Intending Immigrant's Affidavit of Support Exemption; OMB Control No. 1615-0075. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until June 19, 2007. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Officer, 111 Massachusetts Avenue, 3rd floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov.* When submitting comments by e-mail please make sure to add OMB Control No. 1615-0075 in the subject box. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of Information Collection:* Extension of an existing information collection.
(2)*Title of the Form/Collection:* Affidavit of Support Under Section 213A of the Act; Contract Between Sponsor and Household Member; EZ Affidavit of Support under Section 213 of the Act; Intending Immigrant's Affidavit of Support Exemption.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-864, Form I-864A, Form I-864EZ, and Form I-864W; U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: Individuals or households. These forms are used by family-based and certain employment-based immigrants to have the petitioning relative execute an Affidavit of Support on their behalf.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* I-864, 439,500 responses at 6 hours per response; I-864A, 215,800 responses at 1.75 hours per response; I-864EZ, 100,000 responses at 2.5 hours per response; I-864W, 1,000 responses at 1 hour per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 2,637,000 annual burden hours. If you have comments, suggestions, or need a copy of the proposed information collection instrument, please contact USCIS, Chief, Regulatory Management Division, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529, telephone 202-272-8377. Dated: April 16, 2007. Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-7589 Filed 4-19-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Agency Information Collection Activities: African Growth and Opportunity Act
(AGOA)Textile Certificate of Origin AGENCY: Bureau of Customs and Border Protection, Department of Homeland Security. ACTION: Proposed collection; comments requested. SUMMARY: The Bureau of Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995: African Growth and Opportunity Act Certificate of Origin. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (72 FR 7770) on February 20, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before May 21, 2007. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: The Bureau of Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act of 1995 (Pub. L.104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the Proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Title:* African Growth and Opportunity Act Certificate of Origin. *OMB Number:* 1651-0082. *Form Number:* None. *Abstract:* The collection of information is required to implement the duty preference provisions of the African Growth and Opportunity Act
(AGOA)to provide extension of duty-free treatment under the Generalized System of Preferences
(GSP)to sensitive articles normally excluded from GSP duty treatment. It also provides for the entry of specific textile and apparel articles free of duty and free of any quantitative limits to the countries of sub-Saharan Africa. *Current Actions:* This submission is being submitted to extend the expiration date with no change to the burden hours. *Type of Review:* Extension (without change). *Affected Public:* Businesses, Institutions. *Estimated Number of Respondents:* 440. *Estimated Time Per Respondent:* 23.6 hours. *Estimated Total Annual Burden Hours:* 10,400. If additional information is required contact: Tracey Denning, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 16, 2007. Tracey Denning, Agency Clearance Officer, Information Services Branch. [FR Doc. E7-7578 Filed 4-19-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Agency Information Collection Activities: United States-Caribbean Basin Trade Partnership Act AGENCY: Bureau of Customs and Border Protection, Department of Homeland Security. ACTION: Proposed collection; comments requested. SUMMARY: The Bureau of Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995: United States-Caribbean Basin Trade Partnership Act. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (72 FR 7770) on February 20, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before May 21, 2007. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: The Bureau of Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act of 1995 (Pub. L.104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the Proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* United States-Caribbean Basin Trade Partnership Act. *OMB Number:* 1651-0083. *Form Number:* CBP-450. *Abstract:* The collection of information is required to implement the duty preference provisions of the United States-Caribbean Basin Trade Partnership Act. *Current Actions:* This submission is being submitted to extend the expiration date without a change in the burden hours. *Type of Review:* Extension (with change). *Affected Public:* Business or other for-profit institutions. *Estimated Number of Respondents:* 84. *Estimated Time Per Respondent:* 26.78 hours. *Estimated Total Annual Burden Hours:* 2,250. If additional information is required contact: Tracey Denning, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 16, 2007. Tracey Denning, Agency Clearance Officer, Information Services Branch. [FR Doc. E7-7580 Filed 4-19-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5117-N-33] Notice of Submission of Proposed Information Collection to OMB; HUD-Owned Real Estate-Sales Contract and Addendums AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The respondents are real estate listing brokers for HUD-owned properties who submit sales contract and addenda in conjunction with offers to purchase HUD-owned property. The sales contracts and addenda will be used in binging contracts between the purchasers and HUD; and to meet the requirements of the Lead Disclosure Rule relative to the disclosure of known lead-based paint and lead-based paint hazards in HUD sales of pre-1978 construction. DATES: *Comments Due Date:* May 21, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0306) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone
(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD's Web site at *http://www5.hud.gov:63001/po/i/icbts/collectionsearch.cfm.* SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* HUD-Owned Real Estate-Sales Contract and Addendums. *OMB Approval Number:* 2502-0306. *Form Numbers:* HUD-9544, HUD-9548, HUD-9548-B, HUD-9548-C, HUD-9548-G, HUD-9548-H, HUD-9548-Y, and HUD-9545-Z. *Description of the Need for the Information and Its Proposed Use:* The respondents are real estate listing brokers for HUD-owned properties who submit sales contract and addenda in conjunction with offers to purchase HUD-owned property. The sales contracts and addenda will be used in bringing contracts between the purchasers and HUD; and to meet the requirements of the Lead Disclosure Rule relative to the disclosure of known lead-based paint and lead-based paint hazards in HUD sales of pre-1978 construction. *Frequency of Submission:* On occasion. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden: 13,137 12 0.408 67,550 *Total Estimated Burden Hours:* 67,550. *Status:* Revision of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: April 16, 2007. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E7-7480 Filed 4-20-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5125-N-16] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. EFFECTIVE DATE: April 20, 2007. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, Room 7262, 451 Seventh Street, SW., Washington, DC 20410; telephone
(202)708-1234; TTY number for the hearing- and speech-impaired
(202)708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 1-800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in *National Coalition for the Homeless* v. *Veterans Administration,* No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. Dated: April 12, 2007. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. E7-7284 Filed 4-19-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Rate Adjustments for Indian Irrigation Projects AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Rate Adjustments. SUMMARY: The Bureau of Indian Affairs
(BIA)owns, or has an interest in, irrigation facilities located on various Indian reservations throughout the United States. We are authorized to establish rates to recover the costs to administer, operate, maintain, and rehabilitate those facilities. We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation facilities for operation and maintenance. DATES: *Effective Date:* The irrigation assessment rates shown in the tables are effective on January 1, 2007. FOR FURTHER INFORMATION CONTACT: For details about a particular BIA irrigation project, please use the tables in SUPPLEMENTARY INFORMATION section to contact the regional or local office where the project is located. SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was published in the **Federal Register** on November 24, 2006 (71 FR 67897), to adjust the irrigation rates at several BIA irrigation facilities. The public and interested parties were provided an opportunity to submit written comments during the 60-day period prior to January 23, 2007. Did the BIA defer any proposed rate increases? For the Uintah Indian Irrigation Project, the BIA, in consultation with the tribes and Irrigation Project water users, has deferred the rate increase for 2007. For the Flathead Indian Irrigation Project, the BIA, in consultation with the tribes and Irrigation Project water users, has deferred the rate increase for 2008. Did the BIA receive any comments on the proposed irrigation assessment rate adjustments? Written comments were received for the proposed rate adjustments for the Blackfeet Irrigation Project, Montana, Fort Peck Irrigation Project, Montana, Fort Belknap Irrigation Project, Montana, the Flathead Irrigation Project, Montana, the San Carlos Irrigation Project—Joint Works (SCIP-JW), Arizona, Walker River Irrigation Project, Nevada, and the Wind River Irrigation Project, Wyoming. What issues were of concern by the commenters? The commenters were concerned with one or more of the following issues:
(1)How funds collected from stakeholders are expended on operation and maintenance (O&M);
(2)the impact of an assessment rate increase on the local agricultural economy and on individual land owners and irrigators;
(3)BIA O&M subsidies for trust land;
(4)drainage of water from farm lands and on farm improvements;
(5)non-delivery of water to water users with outstanding O&M charges. The following comments are specific to the Walker River Irrigation Project, Nevada:
(1)Safety of dams project which will shorten water delivery time;
(2)breach of trust issues; and
(3)whether the rate increase violates federal law. The following comments are specific to the San Carlos Irrigation Project—Joint Works:
(1)The amount of project reserve funds, income, and expenditures; and
(2)the timeliness of the rate adjustment notice. How does BIA respond to the concern of how funds are expended for O&M? BIA includes the following expenses in irrigation project budgets: Project personnel costs; materials and supplies; vehicle and equipment repairs; equipment; capitalization expenses; acquisition expenses; rehabilitation costs; maintenance of a reserve fund for contingencies or emergencies; and other expenses we determine necessary to properly operate and maintain the irrigation projects. One common misconception water users have is that all salary costs are administrative. Only a portion of each project budget is for administrative costs. The administrative costs include the office costs, office staff (accounting and clerical), and a portion of the project manager's salary. The O&M workers are considered O&M costs for operating and maintaining the project. The Government Accountability Office
(GAO)completed an audit report (GAO-06-314) in February 2006. In that report, the GAO recommended that the BIA require project managers to meet at least twice annually with water users. On July 21, 2006, the Director, BIA, directed each BIA revenue-generating irrigation project to meet, at a minimum, twice annually with its water users—once at the end of the irrigation season and once before the next season. For projects that operate year round, those projects will determine their best schedule for holding these meetings. At these meetings, the irrigation staff will provide to the waters users information on project operations, including budget plans and actual annual expenditures, and will obtain feedback and input from the water users. The BIA's budget estimates and records of expenditures for all of its irrigation facilities are public records and available for review by stakeholders or interested parties. Stakeholders (project water users/land owners/tribes) can review these records during normal business hours at the individual agency offices. Alternatively, BIA may treat requests to review project records as requests under the Freedom of Information Act
(FOIA)and provide copies of such records to the requesting party in accordance with FOIA. To review or to obtain copies of these records, stakeholders, and interested parties are directed to contact the BIA representative at the specific facility serving them, using the tables in the SUPPLEMENTARY INFORMATION section. How does BIA respond to concerns about irrigation O&M assessment rate increase and related impact on the local agricultural economy and on individual land owners and irrigators? All of the BIA's irrigation projects are important economic contributors to the local communities they serve, contributing millions in crop value annually. Historically, BIA tempered irrigation rate increases based in part on the economic impact on water users. This tempering of rate increases has resulted in a rate deficiency at most of the irrigation projects. Over the past several years, the BIA's irrigation program has been the subject of several Office of Inspector General
(OIG)and GAO audits. In the most recent OIG audit, No. 96-I-641, March 1996, the OIG concluded, “Operation and maintenance revenues were insufficient to maintain the projects, and some projects had deteriorated to the extent that their continued capability to deliver water was in doubt. This occurred because operation and maintenance rates were not based on the full cost of delivering water, including the costs of systematically rehabilitating and replacing project facilities and equipment, and because project personnel did not seek regular rate increases to cover the full cost of operation.” A previous OIG audit, No. 88-42, February 1988, reached the same conclusion. A separate audit, No. 95-I-1402, September 1995, performed on one of BIA's largest irrigation projects, Wapato Indian Irrigation Project, reinforced the general findings of the OIG on the BIA's irrigation program. This audit pointed out a lack of response by the BIA to the original findings of the OIG in addressing this critical issue over an extended period of time. The BIA must systematically review and evaluate irrigation assessment rates and adjust them, when necessary, to reflect the full costs to properly operate, and perform all appropriate maintenance on the irrigation facility infrastructure for safe and reliable operation. If this review and evaluation are not accomplished, a rate deficiency can eventually accumulate. Overcoming rate deficiencies can result in the BIA having to raise irrigation assessment rates in larger increments and over shorter time frames than would have been otherwise necessary. How does the BIA respond to removing O&M subsidies for trust land? In the past, BIA has provided limited appropriated funds to irrigation projects to assist the projects in their operations and maintenance and, at a few projects, subsidized the O&M costs for trust lands. Unfortunately, the BIA does not have sufficient discretionary funding to continue this practice in the future. Without the necessary rate increases, the impact to projects as a result of the lack of adequate O&M funds could result in the inability to deliver water and maintain irrigation system components adequately. How does BIA respond to concerns about drainage of water off farm lands and on-farm improvements? The BIA is responsible for the O&M of the irrigation delivery system and is not responsible for on-farm activities. In 25 Code of Federal Regulations (CFR), Section 171.8, Surface Drainage, it states that the water users are responsible for surface drainage resulting from their irrigation practices. How does BIA respond to concerns about non-delivery of water to water users with outstanding O&M charges? The BIA's irrigation O&M regulations, 25 CFR 171.17, require payment of annual O&M assessments before irrigation water may be delivered. This requirement includes delinquent payments and balances that have been referred to the Department of the Treasury pursuant to the Debt Collection Improvement Act of 1996 and Federal debt collection standards at 31 CFR Part 901. The Following comments Are Specific to Walker River Irrigation Project, Nevada The Walker River Paiute Tribe (Tribe) objects to the proposed O&M rate increase from $7.32 to $10.00 per acre because:
(1)Weber Dam and Reservoir are subject to interim operating criteria for safety of dams reasons, which require the operation of the Reservoir at lower elevations than are normal, and the water users thereby receive a reduced amount of stored water;
(2)BIA failed to justify the increased O&M rate;
(3)it is a breach of trust duty for the BIA to increase the O&M rate; and
(4)the rate increase violates Federal law. How does the BIA respond to objections that raising the O&M rates when the safety of dams project may shorten water delivery time and that the BIA failed to justify the rate increase? Weber Dam Operations—In CY 2007, water supply shortages are more likely to be caused by the below average snowfall and precipitation in the basin (less than 40 percent of normal this year according to the National Resources Conservation Service) than by the interim operating criteria at Weber Dam. The Tribe and the BIA have worked closely in CY 2007 to manage the safety of dams repair activities in a way to minimize inconvenience to the water users in the Project. The BIA's O&M costs to operate the Project in 2007 remain the same regardless of the available water supply in the system. BIA's O&M Budget Justification—BIA provided a detailed O&M budget justification to the Project water users on May 23, 2006, and the O&M budget justification was discussed with the Project water users again on September 28, 2006. The budget justification shows that the increased O&M rate proposed for 2007 still does not cover all of BIA's costs for O&M of the Project and does not include funds to maintain a reserve fund or to pay for deferred maintenance costs. How does the BIA respond to comments regarding breaching its trust duty? The BIA disagrees that increasing O&M rates for Indian irrigation projects violates any trust duty to Indian tribes. The BIA, pursuant to 25 U.S.C. 381 *et seq.* and 25 CFR part 171, has responsibilities to administer constructed Indian irrigation projects, set rates, collect assessments, and make decisions regarding water delivery on BIA irrigation projects. The BIA must collect O&M assessments in order to operate and maintain the irrigation infrastructure. Over time, costs of operating and maintaining the projects increase, and rates must be adjusted accordingly to enable the BIA to continue to provide irrigation services. This is particularly true because O&M rates are the only regular source of funding for the BIA's irrigation projects. Contrary to the assertion of the commenter, there is no fiduciary obligation for the Department's O&M of irrigation projects. *See* , *e.g.* , *Grey* v. *United States* , 21 Cl. Ct. 285 (1990), *aff'd* , 935 F.2d 281 (Fed. Cir. 1991), *cert. denied* , 502 U.S. 1057 (1992). How does the BIA respond to the rate increase that violates federal law? The Tribe stated that “* * * 25 U.S.C. Section 385 states that costs incurred by the BIA may be reimbursed by farmers only if the farmers have adequate funds to repay the Government.” This statement misconstrues 25 U.S.C. 385. The Secretary's authorization to set O&M charges is not subject to a determination of an individual's ability to pay. The provision quoted from 25 U.S.C. 385 refers only to repayment of construction costs. 25 U.S.C. 385 codifies several separate provisions taken from the Act of August 14, 1914, Pub. L. 63-160, 38 Stat. 582, 583. In addition to authorizing the Secretary to set and assess O&M rates on irrigation projects, the 1914 Act also appropriated a lump sum of money to use for construction of irrigation projects. The second provision of 25 U.S.C. 385, regarding reimbursement of construction costs where Indians have the ability to pay, only applies to the construction money appropriated in the 1914 Act and does not relate to the Secretary's O&M rate-setting authority. The following comment is specific to San Carlos Irrigation Project—Joint Works (SCIP-JW). How does BIA respond to concerns regarding how funds collected from stakeholders are expended on O&M; the amount of project reserve funds, income and expenditures; and the timeliness of the rate adjustment notice? By letter dated January 22, 2007, an Attorney for the San Carlos Irrigation and Drainage District (District) submitted comments on the proposed 2008 budget and O&M rate for the San Carlos Irrigation Project (Project). On August 8, 2006, the District filed a Complaint in the United States Court of Federal Claims (Case No. 06-576C). The Complaint raises most of the same factual and legal issues the District raised in its comments about the Project's proposed O&M rate and budget for 2008. Because Federal court litigation is pending concerning most of the issues raised in the District's comments on the proposed 2008 O&M rate and budget, specific responses to these issues will not be discussed here. As noted in the District's comments, on or before December 31, 2007, the Project and the District will learn whether the provisions of the Arizona Water Settlement Act (Settlement Act) are deemed effective, which will then trigger the timelines for establishment of the Joint Works Board under the Settlement Act. This process will require the Project and the affected water users to clarify and evaluate future O&M rates, activities and costs, and responsibilities as required by the Settlement Act and implementing agreements. Did the BIA receive comments on any proposed changes other than rate adjustments? No. Does this notice affect me? This notice affects you if you own or lease land within the assessable acreage of one of our irrigation projects or if you have a carriage agreement with one of our irrigation projects. Where can I get information on the regulatory and legal citations in this notice? You can contact the appropriate office(s) stated in the tables for the irrigation project that serves you, or you can use the Internet site for the Government Printing Office at *http://www.gpo.gov.* What authorizes BIA to issue this notice? Our authority to issue this notice is vested in the Secretary of the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat. 583; 25 U.S.C. 385). The Secretary has in turn delegated this authority to the Assistant Secretary—Indian Affairs under Part 209, Chapter 8.1A, of the Department of the Interior's Departmental Manual. Who can I contact for further information? The following tables are the regional and project/agency contacts for our irrigation facilities. Project name Project/agency contacts Northwest Region Contacts Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232-4169, Telephone:
(503)231-6702 Flathead Irrigation Project Ernest T. Moran, Superintendent, Flathead Agency Irrigation Division, P.O. Box 40, Pablo, MT 59855-0040, Telephone:
(406)675-2700. Fort Hall Irrigation Project Eric J. LaPointe, Superintendent, Alan Oliver, Supervisory General Engineer, Fort Hall Agency, P.O. Box 220, Fort Hall, ID 83203-0220, Telephone:
(208)238-2301. Wapato Irrigation Project Pierce Harrison, Project Administrator, Wapato Irrigation Project, P.O. Box 220, Wapato, WA 98951-0220, Telephone:
(509)877-3155. Rocky Mountain Region Contacts Ed Parisian, Acting Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, Montana 59101, Telephone:
(406)247-7943 Blackfeet Irrigation Project Stephen Pollock, Superintendent, Ted Hall, Irrigation Project Manager, Box 880, Browning, MT 59417, Telephones:
(406)338-7544, Superintendent,
(406)338-7519, Irrigation Project Manager. Crow Irrigation Project Ed Lone Fight, Superintendent, Karl Helvik, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones:
(406)638-2672, Superintendent,
(406)638-2863, Irrigation Project Manager. Fort Belknap Irrigation Project Judy Gray, Superintendent, Ralph Leo, Irrigation Project Manager, R.R.1, Box 980, Harlem, MT 59526, Telephones:
(406)353-2901, Superintendent,
(406)353-2905, Irrigation Project Manager. Fort Peck Irrigation Project Vacant, Superintendent, P.O. Box 637, Poplar, MT 59255, Vacant, Irrigation Manager 602 6th Avenue North, Wolf Point, MT 59201, Telephones:
(406)768-5312, Superintendent,
(406)653-1752, Irrigation Manager. Wind River Irrigation Project George Gover, Superintendent, Ray Nation, Acting Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones:
(307)332-7810, Superintendent,
(307)332-2596, Irrigation Project Manager. Southwest Region Contacts Larry Morrin, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104, Telephone:
(505)563-3100 Pine River Irrigation Project Ross P. Denny, Superintendent, John Formea, Irrigation Engineer, P.O. Box 315, Ignacio, CO, 81137-0315, Telephones:
(970)563-4511, Superintendent,
(970)563-1017, Irrigation Engineer. Western Region Contacts Alan Anspach Regional Director, Bureau of Indian Affairs, Western Regional Office, Two Arizona Center 400 N. 5th Street, 12th floor, Phoenix, Arizona 85004, Telephone:
(602)379-6600 Colorado River Irrigation Project Perry Baker, Superintendent, Ted Henry, Irrigation Project Manager, R.R. 1 Box 9-C, Parker, AZ 85344, Telephone:
(928)669-7111. Duck Valley Irrigation Project Robert Hunter, Acting Superintendent, 1555 Shoshone Circle, Elko, NV 89801, Telephone:
(775)738-0569. Fort Yuma Irrigation Project Sam Rideshorse, Superintendent P.O. Box 11000, Yuma, AZ 85366, Telephone:
(520)782-1202. San Carlos Irrigation Project Joint Works Carl Christensen, Supervisory General Engineer, P.O. Box 250, Coolidge, AZ 85228, Telephone:
(520)723-6216. San Carlos Irrigation Project Indian Works Joe Revak, Supervisory General Engineer, Pima Agency, Land Operations, Box 8, Sacaton, AZ, 85247, Telephone:
(520)562-3372. Uintah Irrigation Project Lynn Hansen, Irrigation Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone:
(435)722-4341. Walker River Irrigation Project Robert Hunter, Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone:
(775)887-3500. What irrigation assessments or charges are proposed for adjustment by this notice? The rate table below contains the 2007 final rates for all of our irrigation projects where we recover our costs for operation and maintenance. The table also contains the proposed and final rates for the 2008 season and subsequent years where applicable. An asterisk immediately following the name of the project notes the irrigation projects where rates are have been adjusted. Northwest Region Rate Table Project name Rate category Final 2006 rate Final 2007 rate Final 2008 rate Flathead Irrigation Project Basic Per acre—A Basic Per acre—B $21.45 10.75 $23.45 10.75 $23.45. 10.75. Minimum Charge per tract 65.00 65.00 65.00. Fort Hall Irrigation Project* Basic Per acre Minimum Chare per tract 24.00 25.00 27.00 25.00 To be determined. Fort Hall Irrigation Project—Minor Units* Basic Per acre Minimum Charge per tract 15.00 25.00 17.00 25.00 Fort Hall Irrigation Project—Michaud* Basic Per acre Pressure Per acre 34.00 48.50 35.75 50.00 Minimum Charge per tract 25.00 25.00 Wapato Irrigation Project—Toppenish/Simcoe Units* Billing Charge Per Tract Farm unit/land tracts up to one acre (minimum charge) 5.00 13.50 5.00 14.00 Farm unit/land tracts up to one acre—per acre 13.50 14.00 Wapato Irrigation Project—Ahtanum Units* Billing Charge Per Tract Farm unit/land tracts up to one acre (minimum charge) 5.00 13.50 5.00 14.00 Farm unit/land tracts up to one acre 13.50 14.00 Wapato Irrigation Project—Satus Unit* Billing Charge Per Tract Farm unit/land tracts up to one acre (minimum charge) 5.00 53.00 5.00 55.00 “A” farm unit/land tracts over one acre—per acre 53.00 55.00 Additional Works farm unit/land tracts over one acre—per acre 58.00 60.00 “B” farm unit/land tracts over one acre—per acre 63.00 65.00 Water Rental Agreement Lands—per acre 64.50 67.00 Rocky Mountain Region Rate Table Project name Rate category Final 2006 rate Final 2007 rate Final 2008 rate Blackfeet Irrigation Project* Basic-per acre 13.00 15.50 To be determined. Crow Irrigation Project—Willow * Creek O&M (includes Agency, Lodge Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units) Basic-per acre 17.30 19.30 Crow Irrigation * Project—All Others (includes Bighorn, Soap Creek, and Pryor Units) Basic-per acre 17.00 19.00 Crow Irrigation Two Leggins Drainage District Basic-per acre 2.00 2.00 Fort Belknap * Irrigation Project Trust Land per acre non-Trust Land per acre 8.50 17.00 13.88 18.50 20.00. 20.00. Fort Peck Irrigation Project* Basic-per acre 17.50 20.00 To be determined. Wind River Irrigation Project* Basic-per acre 14.00 15.00 Wind River Irrigation Project—LeClair District Basic-per acre 17.00 17.00 Southwest Region Rate Table Project name Rate category Final 2006 rate Final 2007 rate Pine River Irrigation Project* Minimum Charge per tract Basic-per acre $50.00 13.00 $50.00 150.00 Western Region Rate Table Project name Rate category Final 2006 rate Final 2007 rate Proposed 2008 rate Proposed 2009 rate Colorado River Irrigation Project Basic per acre up to 5.75 acre-feet Excess Water per acre-foot over 5.75 acre-feet $47.00 17.00 $47.00 17.00 To be determined To be determined. Duck Valley Irrigation Project Basic-per acre 5.30 5.30 Fort Yuma Irrigation Project (See Note #1)* Basic-per acre up to 5.0 acre-feet Excess Water per acre-foot over 5.0 acre-feet 65.00 10.50 72.00 10.50 San Carlos Irrigation Project (Joint Works)* (See Note #2) Basic-per acre 30.00 30.00 $21.00 Final 2008 Rate $21.00. Final 2009 Rate. San Carlos Irrigation Project (Indian Works) Basic-per acre 77.00 77.00 To be determined To be determined. Uintah Irrigation Project Basic-per acre Minimum Bill 12.00 12.00 12.00 25.00 Walker River Irrigation Project* Indian per acre 7.32 10.00 13.00 $16.00. Non-Indian per acre 15.29 16.00 16.00 $16.00. * Notes irrigation projects where rates are have been adjusted. Note #1—The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is the O&M rate established by the Bureau of Reclamation (BOR), the owner and operator of the Project. The BOR rate for 2007 has been established at $65 which is an increase from the $62 rate in 2006. The second component is for the O&M rate established by BIA to cover administrative costs, including billing and collections for the Project. Through this notice, the BIA is establishing a $7/acre O&M rate for its component of the rate. The BIA rate assessment would cover approximately 50 percent of the accounting technician and 40 percent of the Natural Resource Officer at the BIA Fort Yuma Agency. Note #2—The 2008 and 2009 irrigation rates are final through this notice. The 2007 rate was established by final notice published in the **Federal Register** on April 5, 2006 (Vol. 71, No. 65, page 17131). Consultation and Coordination With Tribal Governments (Executive Order 13175) The BIA irrigation projects are vital components of the local agriculture economy of the reservations on which they are located. To fulfill its responsibilities to the tribes, tribal organizations, water user organizations, and the individual water users, the BIA communicates, coordinates, and consults on a continuing basis with these entities on issues of water delivery, water availability, and costs of administration, operation, maintenance, and rehabilitation. This is accomplished at the individual irrigation projects by Project, Agency, and Regional representatives, as appropriate, in accordance with local protocol and procedures. This notice is one component of the BIA's overall coordination and consultation process to provide notice and request comments from these entities on adjusting our irrigation rates. Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (Executive Order 13211) The rate adjustments will have no adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increase use of foreign supplies) should the proposed rate adjustments be implemented. This is a notice for rate adjustments at BIA-owned and operated irrigation projects, except for the Fort Yuma Irrigation Project. The Fort Yuma Irrigation Project is owned and operated by the Bureau of Reclamation with a portion serving the Fort Yuma Reservation. Regulatory Planning and Review (Executive Order 12866) These rate adjustments are not a significant regulatory action and do not need to be reviewed by the Office of Management and Budget under Executive Order 12866. Regulatory Flexibility Act This rate making is not a rule for the purposes of the Regulatory Flexibility Act because it is “a rule of particular applicability relating to rates.” 5 U.S.C. 601(2). Unfunded Mandates Act of 1995 These rate adjustments impose no unfunded mandates on any governmental or private entity and are in compliance with the provisions of the Unfunded Mandates Act of 1995. Takings (Executive Order 12630) The Department has determined that these rate adjustments do not have significant “takings” implications. The rate adjustments do not deprive the public, State, or local governments of rights or property. Federalism (Executive Order 13132) The Department has determined that these rate adjustments do not have significant Federalism effects because they pertain to Federal-tribal relations and will not interfere with the roles, rights, and responsibilities of States. Civil Justice Reform (Executive Order 12988) In accordance with Executive Order 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act of 1995 These rate adjustments do not affect the collections of information which have been approved by the Office of Information and Regulatory Affairs, Office of Management and Budget, under the Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0141 and expires August 31, 2009. National Environmental Policy Act The Department has determined that these rate adjustments do not constitute a major Federal action significantly affecting the quality of the human environment and that no detailed statement is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370(d)). Dated: April 12, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7-7558 Filed 4-19-07; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-040-06-5101-ER-F344; (N-78091)] Notice of Availability of the Draft Environmental Impact Statement
(DEIS)for a Proposed Coal-Fired Electric Power Generating Plant in Eastern White Pine County and Notice of Public Meetings; Nevada AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Availability. SUMMARY: Pursuant to section 102(2)(C) of the National Environmental Policy Act
(NEPA)of 1969, a DEIS has been prepared by the Bureau of Land Management (BLM), Ely Field Office for the White Pine Energy Station
(WPES)and is now available for comment. This document evaluates the environmental effects from constructing a coal-fired electric power generating plant (up to 1,600-megawatts) and associated features on public lands in White Pine County, Nevada. DATES: The DEIS is now available for comment. Copies of the DEIS will be mailed to individuals, agencies, or companies who previously requested copies. Mailed comments on the DEIS must be postmarked by June 19, 2007. Written comments on the document should be addressed to Jack Tribble, Acting Assistant Field Manager, Bureau of Land Management, Ely Field Office, HC 33 Box 33500, Ely, NV 89301-9408. Oral and/or written comments may also be presented at two public meetings. There will one public meeting in Ely and one public meeting in Reno. The date, time, and location will be made available at least 15 days before each meeting. ADDRESSES: Public reading copies of the DEIS will be available for reading at public libraries listed below: —University of Nevada-Reno, Getchell Library, Government Publication Dept., Reno, NV 89507. —Washoe County Library, 301 South Center Street, Reno, NV 89501. —White Pine County Library, 950 Campton Street, Ely, NV 89301. A limited number of copies of the document will be available at the following BLM offices: —Bureau of Land Management, Elko Field Office, 3900 Idaho Street, Elko, NV 89801. —Bureau of Land Management, Carson City Field Office, 5665 Morgan Mill Road, Carson City, NV 89701. —Bureau of Land Management, Ely Field Office, 702 North Industrial Way, Ely, NV 89301-9408. —Nevada State Office, 1340 Financial Boulevard, Reno, NV 89502-7147. —Washington Office of Public Affairs, 18th and C Street, NW., Washington, DC 20240. Individual respondents may request confidentiality. If you wish to withhold your name and/or street address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comments. Such requests will be honored to the extent allowed by law. All submissions from organizations, businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses will be available for public inspection in their entirety. FOR FURTHER INFORMATION CONTACT: Doris Metcalf at the above address, or phone: 775-289-1852. SUPPLEMENTARY INFORMATION: The DEIS addresses alternatives to resolve the following major issues: Ground water, air quality, visual resources, biological resources, and socioeconomic effects. The Proposed Action includes the following actions: Northern coal-fired power plant site right-of-way (ROW), northern transmission line alignment and substations ROW, northern well field and water line ROW, northern railroad spur ROW, access roads ROW, and ancillary features ROW. Alternative 1 includes the following actions: Southern coal-fired power plant site ROW, southern transmission line alignment and substations ROW, southern well field and water line ROW, southern railroad spur ROW, access roads ROW, and ancillary features ROW. The Proposed Action and Alternative 1 also include the following project actions and features: Issue ROWs for White Pine Energy Station construction and operation and subsequently arrange for the sale of the power plant site to White Pine Energy Associates; construct, operate, and maintain a 1,600-megawatt (maximum) coal-fired electric power generating plant using hybrid cooling systems that has an expected commercial life of 50 years or longer; develop a well field in the Steptoe Valley Hydrographic Basin to meet the water needs of the power plant; construct a new rail spur from the Nevada Northern Railway
(NNR)to the power plant site to supply coal; develop the linear infrastructure necessary to connect the power plant to the new water source, to existing electric transmission lines serving the region, and to provide site access; and implement a seeding project to enhance the grazing and wildlife value of 700 to 900 acres. The Proposed Action and Alternative 1 differ primarily in the location of the power plant site, well field, and transmission line alignment (northern vs. southern). The No Action Alternative represents the current situation (i.e., not approving or implementing any of the above-described actions). Public participation is occurring throughout the processing of the application for this proposed project. A Notice of Intent was published in the **Federal Register** on August 6, 2004, 69 FR 47954-47955. One round of public meetings was held. Comments presented throughout the process have been considered and incorporated into the DEIS as appropriate. Dated: October 13, 2006. Jack Tribble, Acting Assistant Field Manager, Nonrenewable Resources. Note: This notice was received by the Office of the Federal Register on April 13, 2007. [FR Doc. E7-7341 Filed 4-19-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-050-5853-ES; N-63293, N-76478, and N-76479; 7-08807] Notice of Realty Action: Recreation and Public Purposes Act Classification of Public Lands in Clark County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: The Bureau of Land Management
(BLM)has examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 37.5 acres of public land in Clark County, Nevada. The City of Las Vegas
(City)proposes to use the land as a Fire Station/Metro Police Substation and two public parks. DATES: Interested parties may submit comments regarding the proposed lease/conveyance or classification of the lands until June 4, 2007. ADDRESSES: Send written comments to the Las Vegas Field Manager, BLM, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130-2301. FOR FURTHER INFORMATION CONTACT: Rebecca L. Rury, Realty Specialist, Las Vegas Field Office,
(702)515-5087. SUPPLEMENTARY INFORMATION: The following described public lands in Las Vegas, Clark County, Nevada have been examined and found suitable for classification for lease and subsequent conveyance under the provisions of the R&PP Act, as amended (43 U.S.C. 869 *et seq.* ) and is hereby classified accordingly. The City of Las Vegas proposes to use 7.5 acres of land for a Fire Station with a Metro Police Substation (N-63293). The other 30 acres will consist of two 15-acre public parks (N-76478 and N-76479). These facilities will serve citizens in the northwest sector of the City, where rapid growth has occurred. N-63293: Mount Diablo Meridian T. 19 S., R. 59 E. Sec. 13, NW 1/4 NE 1/4 NE 1/4 NE 1/4 , S 1/2 NE 1/4 NE 1/4 NE 1/4 . The area described contains 7.5 acres, more or less, in Clark County. N-76478: Mount Diablo Meridian T. 19 S., R. 59 E. Sec. 24, W 1/2 SW 1/4 SE 1/4 NW 1/4 , NW 1/4 SE 1/4 NW 1/4 . The area described contains 15 acres, more or less, in Clark County. N-76479: Mount Diablo Meridian T. 19 S., R. 59 E. Sec. 13, E 1/2 NW 1/4 NW 1/4 SE 1/4 , NE 1/4 NW 1/4 SE 1/4 . The area described contains 15 acres, more or less, in Clark County. The land is not required for any Federal purpose. The proposed actions are in conformance with the Las Vegas Resource Management Plan approved on October 5, 1998. The Plans of Development have been reviewed and it is determined the proposed action conforms with land use plan decision LD-1 established in accordance with Section 202 of FLPMA, as amended (43 U.S.C. 1713). The lease/conveyance, when issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior, and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 2. All minerals shall be reserved to the United States, together with the right to prospect for, mine, and remove such deposits from the lands under applicable law and such regulations as the Secretary of the Interior may prescribe, including all necessary access and exit rights. The lease/conveyances for N-63293, N-76478 and N-76479 will also be subject to: 1. Valid existing rights; 2. Right-of-Way N-78524 for roadway, sanitary sewer and drainage purposes granted to City of Las Vegas, its successors or assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761); 3. Right-of-way N-78783 for water pipeline purposes granted to Las Vegas Valley Water District, its successors or assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761); 4. Right-of-way N-80137 for underground fiber optic cable purposes granted to Cox Communications, its successors or assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761); 5. Right-of-way N-80169 for fiber optic cable purposes granted to Central Telephone Company, its successors or assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761); 6. Right-of-way N-80658 for gas pipeline purposes granted to Southwest Gas Corporation, its successors or assigns, pursuant to the Act of February 25, 1920 (30 U.S.C. 185 Section 28); 7. Right-of-way N-81399 for power line purposes granted to Nevada Power Company, its successors or assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761). *Classification Comments:* Interested parties may submit comments involving the suitability of the land for a Fire Station with a Metro Police Substation and two public parks. Comments on the classification are restricted to whether the lands are physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. The classification of the land described in this Notice will become effective 60 days from the date of publication of this notice in the **Federal Register** . The lands will not be offered for lease/conveyance until after the classification becomes effective. *Application Comments:* Interested parties may submit comments regarding the specific use proposed in the applications and Plans of Development, whether the BLM followed proper administrative procedures in reaching the decision, or any other factor not directly related to the suitability of the land for a Fire Station with a Metro Police Substation and two public parks. Any adverse comments will be reviewed by the BLM Nevada State Director who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Detailed information concerning this action is available for review at the BLM Las Vegas Field Office at the address above. The Field Manager, BLM Las Vegas Field Office, will review the comments of all interested parties concerning the lease/conveyance. To be considered, comments must be received at the BLM Las Vegas Field Office on or before the date stated above in this notice for that purpose. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. Only written comments submitted by postal service or overnight mail to the Field Manager, BLM Las Vegas Field Office will be considered properly filed. E-mail, facsimile or telephone comments will not be considered properly filed. In the absence of any adverse comments, the decision will become effective on June 19, 2007. The lands will not be offered for lease/conveyance until after the decision becomes effective. Authority: 43 CFR 2741.5. Dated: March 21, 2007. Philip Rhinehart, Acting Assistant Field Manager, Non-Renewable Resources, Las Vegas, NV. [FR Doc. E7-7556 Filed 4-19-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-060-5870-EU; UTU 79436] Notice of Realty Action; Non-Competitive Sale of Public Land; Grand County, UT AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management
(BLM)has examined and determined that 50 acres of public land (2 parcels) located in Grand County, Utah are suitable for disposal by direct (non-competitive) sale to the Palladium Foundation LLC, the adjacent landowner, at no less than the appraised fair market value, pursuant to Sections 203 and 209 of the Federal Land Policy and Management Act of 1976, as amended. The parcels are isolated from other public lands by adjacent private land and topography and are difficult to manage as part of the public lands. It has been determined that resource values will not be affected by the disposal of the two parcels as mitigated in the patent. The non-competitive sale is justified by lack of physical access to the lands by anyone other than the adjacent landowner. Disposal of the parcels will resolve historic use of the lands for livestock grazing and hay production which have been authorized by BLM under land use permit UTU-64085 since 1989. The permit will be terminated at the time of sale. DATES: Interested parties may submit comments to the BLM Moab Field Office Manager, at the address below. Comments must be received no later than June 4, 2007. Only written comments will be accepted. ADDRESSES: Address all written comments concerning this notice to the BLM Moab Field Manager, 82 East Dogwood Avenue, Moab, Utah 84532. FOR FURTHER INFORMATION CONTACT: Mary von Koch, Realty Specialist, at the above address or at
(435)259-2128. SUPPLEMENTARY INFORMATION: The following described lands in Grand County, Utah have been determined to be suitable for sale. The lands will be sold at no less than the fair market value established by appraisal at $50,000 by a certified appraiser. Salt Lake Meridian, Utah T. 21 S., R. 24 E., Sec. 27, E 1/2 NW 1/4 SE 1/4 , and NE 1/4 SW 1/4 SE 1/4 ; Sec. 34, NE 1/4 NE 1/4 NE 1/4 NE 1/4 ; sec. 35, NE 1/4 NW 1/4 NW 1/4 , N 1/2 NW 1/4 NW 1/4 NW 1/4 , and SE 1/4 NW 1/4 NW 1/4 NW 1/4 . The areas described contain 50 acres, more or less, in Grand County. The sale meets the disposal criteria in Section 203 (a)(1) of FLPMA and 43 CFR 2710.0-3 (a)(3) because the location and topography of the parcels make them difficult and uneconomic to manage as part of the public lands and they are not suitable for management by another Federal department or agency. The sale meets the criteria for direct sale under 43 CFR 2711.3-3 (a)(3, 4, and 5) based on the fact that the public lands have been an integral part of agricultural use on the adjoining private land since the 1980s, they are isolated from other public lands by surrounding private ownership and topography, and the sale to the adjacent private owner would resolve a long-term occupancy of the public lands. The parcels were identified for disposal in the March 10, 1995, amendment to the BLM Grand Resource Area Resource Management Plan approved in July 1985, and therefore meet the disposal qualification of the Federal Land Transaction Facilitation Act of July 25, 2000 (FLTFA) (43 U.S.C. 2304). Proceeds from the sale will be deposited in the Federal Land Disposal Account for Utah pursuant to FLTFA. The land will not be offered for sale until at least 60 days after the date of publication of this notice in the **Federal Register** . This land is being offered as a direct non-competitive sale to the adjacent landowner. The parcels are not required for any Federal purpose or program. Sale of the parcels is consistent with current BLM land use planning and would be in the public interest. The terms and conditions applicable to the sale are: 1. All valid existing rights of record, including those documented on the official public land records at the time of sale. 2. A reservation to the United States for rights-of-way for ditches or canals under the Act of August 20, 1890 (26 Stat. 391; 43 U.S.C. 945). No warranty of any kind, express or implied, is given by the United States as to the title, physical condition or potential uses of the parcels of land proposed for sale, and the conveyance of any such parcels will not be on a contingency basis. It is the buyer's responsibility to be aware of all applicable local government policies and regulations that would affect the subject lands. It is also the buyer's responsibility to be aware of existing or prospective uses of nearby properties. Any land lacking access from a public road or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. The mineral interests have been determined to have no known mineral value pursuant to 43 CFR 2720.2(a) and will be conveyed simultaneously with the sale of the land. Acceptance of a sale offer will constitute an application for conveyance of the mineral interests, and the purchaser will be required to pay a $50 non-refundable filing fee for conveyance of the mineral interests. Upon publication of this notice in the **Federal Register** , the land described above will be segregated from appropriation under the public land laws, including the general mining laws. The segregation will end upon issuance of patent or 2 years from the date of publication, whichever occurs first. This segregation supersedes segregation of the lands under exchange application UTU-80475 which will terminate on the subject lands upon publication of this Notice in the **Federal Register** . Detailed information concerning this land sale, including the reservations, sale procedures and conditions, appraisal, planning and environmental documents, and mineral report, is available for review at the BLM Moab Field Office. Written comments must be received by the Moab Field Manager, at the address stated above, on or before the date stated above. Facsimiles, telephone calls, and e-mails are unacceptable means of notification. Comments including names and street addresses of respondents will be available for public review at the BLM Moab Field Office during regular business hours, except holidays. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information-may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. Any adverse comments will be reviewed by the BLM Utah State Director, who may sustain, vacate or modify this realty action. In the absence of any objections, or adverse comments, the proposed realty action will become the final determination of the Department of the Interior. (Authority: 43 CFR 2711.1-2(a)) Dated: January 19, 2007. Margaret Wyatt, Moab Field Office Manager. [FR Doc. E7-7531 Filed 4-19-07; 8:45 am] BILLING CODE 4310-DQ-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-100-1220-AF] Notice of Camping Limits on Public Lands in Montana, South Dakota & North Dakota AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: This notice consolidates and clarifies current stay limits on occupancy and/or property on public lands managed by the Bureau of Land Management
(BLM)in Montana, North Dakota and South Dakota. Existing limits vary among field offices and states. This notice will establish stay limits on all public lands managed by the BLM as required by 43 CFR 8365 1-2. The proposed stay limits are necessary to protect the natural resources, provide public health, and to provide orderly, equal and consistent use for the public. These proposed stay limits will supersede all existing camping stay limits for BLM administered public lands in Montana, North Dakota & South Dakota published previously. DATES: You should submit your comments within 30 days from the date of publication. In developing final rules, BLM may not consider comments postmarked or received in person or by electronic mail after this date. ADDRESSES: You may mail or deliver comments on the proposed Notice to Bart Fitzgerald, Special Agent in Charge, Bureau of Land Management, Montana State Office, and 5001 Southgate Drive, Billings MT 59101. You may also comment by internet e-mail at the following address: *MT_Billings_SO@blm.gov* . FOR FURTHER INFORMATION CONTACT: Bart Fitzgerald, Special Agent in Charge, Montana BLM State Office, 5001 Southgate Drive, Billings Montana 59101,
(406)896-5010. SUPPLEMENTARY INFORMATION Public Comment Procedures Your comments on the proposed notice should be specific, should be confined to issues pertinent to the proposed supplementary rules, and should explain the reason for any recommended change or deviation from this proposal. Where possible, your comments should reference the specific section or paragraph of the proposal that you are addressing. BLM may not necessarily consider or include in the Administrative Record for the final comments that BLM receives after the close of the comment period (see DATES ) or comments delivered to an address other than those listed above (see ADDRESSES ). The BLM will make your comments, including your name and address, available for public review at the Montana State Office address listed in ADDRESSES above during regular business hours (8 a.m. to 4:30 p.m., Monday through Friday, accept Federal holidays). Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The notice will apply to the public lands within the States of Montana, North Dakota and South Dakota. The significant change would be a limit of 14 days within a 30 day period as opposed to the existing 28 day period. This reflects recent changes made by other land management agencies and prevents 2 parties from occupying the same site indefinitely by simply moving every 14 days. The proposed camping limits are being established in order to protect natural resources on public lands and provide fair and consistent use for all public land users. The action will prevent situations where users on public land occupy a site for long periods of time. Long tenure occupancies can result in negative impacts to the surrounding area such as: vegetation damage, erosion, and sanitation problems. Long tenure occupancies prevent other public land users from using popular sites and can promote abandonment of personal property. BLM's objective is to provide a quality recreation experience for all users with minimal conflict, to maintain an environment that is clean and healthy, and to reduce damage on the public lands and resources. In some specific areas that receive heavy use, BLM may develop, by Supplemental Rules, stay limits that vary from this notice. Those areas will be posted on site. Definitions *Camping:* The erecting of a tent or shelter, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy. *Occupancy:* Full or part-time residence on public lands. It also means activities that involve residence; the construction, presence, or maintenance of temporary or permanent structures that may be used for such purposes; or the use of a watchman or caretaker for the purpose of monitoring activities. Residence or structures include, but are not limited to, barriers to access, fences, tents, motor homes, trailers, cabins, houses, buildings, and storage of equipment or supplies. You must follow these rules: In the absence of any site specific regulations or local supplemental rules, no person or associations of persons may occupy, camp or leave property or motor vehicles on public lands for more than 14 days within any period of 30 consecutive days. The 14-day limit may be reached either through a number of individual visits or through 14-days of continuous occupation during the 30-day interval. It is also prohibited to leave any personal property, whether attended or unattended, beyond the 14-day period. All personal property and refuse must be removed within the 30-day interval, even if the use of or actual camping at the site has ceased. A 30-day interval begins when a person initially occupies camps or leaves property at a site on public lands. Any camp relocation within the 30-day period shall not be within a 5 mile radius from the original site. Under special circumstances and upon request, the authorized officer may issue written permits for extension of the 14-day limit. Penalties On all public lands, under Section 303(a) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, any person who violates any of these supplementary rules, closures or restrictions within the boundaries established in the rules may be tried before a United States Magistrate and fined no more than $1,000 or imprisoned for no more than 12 months, or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. On public lands within grazing districts (43 U.S.C. 315) and grazing leased lands (43 U.S.C. 315m), under the Taylor Grazing Act, 43 U.S.C. 315(a), any person who violates any of these supplementary rules within the boundaries established in the rules may be tried before a United States Magistrate and fined no more than $500.00. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. On public lands fitting the criteria in the Sikes Act, 16 U.S.C. 670j(a)(2), any person who violates any of these supplementary rules within the boundaries established in the rules may be tried before a United States Magistrate and fined no more than $500 or imprisoned for no more than six months, or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. On public lands within Wild and Scenic River corridors (43 CFR 8351.2-1) any person who violates any of these supplementary rules within the boundaries established in the rules may be tried before a United States Magistrate and fined no more than $500 or imprisoned for no more than six months, or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Martin C. Ott, Montana/Dakotas State Director, Bureau of Land Management. [FR Doc. E7-7265 Filed 4-19-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation [FES 07-05] Upper Rio Grande Basin Water Operations Review AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of Availability for the Final Environmental Impact Statement for the Upper Rio Grande Basin Water Operations Review. SUMMARY: Pursuant to the National Environmental Policy Act of 1969 (as amended), the Bureau of Reclamation (Reclamation), with and on behalf of other joint-lead agencies [U.S. Army Corps of Engineers (Corps), Department of Defense; and the New Mexico Interstate Stream Commission (Commission), State of New Mexico], has prepared and made available to the public a final environmental impact statement
(FEIS)to assess the consequences of proposed changes to water operations in the Rio Grande basin above Fort Quitman, Texas. The FEIS is programmatic and is not intended to authorize specific projects in the upper Rio Grande system. It is anticipated that a plan for water operations at existing Reclamation and Corps facilities will be developed. The FEIS presents alternatives with respect to water operations and evaluates the potential effects of each alternative on environmental, hydrologic, cultural, and socioeconomic resources, and Indian Trust Assets, including any potential disproportionate effects on minority or low income communities (environmental justice). The FEIS also evaluates the effects of alternatives on the State of New Mexico's ability to meet its obligations associated with the Rio Grande Compact. Some of the alternatives considered include changing the channel capacity criteria at Albuquerque, storage or non-storage of Rio Grande water in authorized San Juan-Chama space in Abiquiu Reservoir, and possible future resumption of operations of the currently unfunctional Low Flow Conveyance Channel. A draft environmental impact statement
(DEIS)was filed with the Environmental Protection Agency on January 20, 2006, and a Notice of Availability for the DEIS was published in the **Federal Register** on that same date. The original 60-day review and comment period for the DEIS was extended an additional 30 days to April 20, 2006, with publication of a Notice of Extension in the **Federal Register** on March 24, 2006. During the comment period, one public meeting was held in Colorado, one public meeting was held in Texas, and six public meetings were held in New Mexico. All comments received on the DEIS were carefully reviewed and considered in preparing the FEIS. Where appropriate, revisions were made to the document in response to specific comments. The comments and responses, together with the FEIS, will be considered in determining whether or not to implement the proposed action. ADDRESSES: The FEIS is electronically available for viewing and copying at the Corps' Albuquerque District Web site at: *http://www.spa.usace.army.mil/urgwops/default.asp.* Alternatively, a compact disc or hard copy is available upon written request to Ms. Valda Terauds, Bureau of Reclamation, Albuquerque Area Office, 555 Broadway NE, Suite 100, Albuquerque, New Mexico 87102. Copies of the FEIS are available for public inspection and review at the following locations: • Bureau of Reclamation, Albuquerque Area Office, 555 Broadway NE., Suite 100, Albuquerque, New Mexico 87102 • Southern Peaks Public Library, 423 4th Street, Alamosa, Colorado 81101 • Taos Public Library, 402 Camino de la Placita, Taos, New Mexico 87571 • City of Española Library, 405 Paseo de Onate, Española, New Mexico 87532 • Albuquerque Main Library, 501 Copper NW., Albuquerque, New Mexico 87102 • Santa Fe Public Library, 145 Washington Street, Santa Fe, New Mexico 87501 • El Paso Public Library, Clardy Fox Branch, 5515 Robert Alva Avenue, El Paso, Texas 79905 • Thomas Branigan Memorial Library, 200 East Picacho Avenue, Las Cruces, New Mexico 88001 • Socorro Public Library, 401 Park Street, Socorro, New Mexico 87801 FOR FURTHER INFORMATION CONTACT: Ms. Valda Terauds, Bureau of Reclamation, Albuquerque Area Office, 555 Broadway NE., Suite 100, Albuquerque, New Mexico 87102; telephone 505-462-3584; facsimile 505-462-3593; e-mail: *vterauds@uc.usbr.gov.* Ms. April Sanders, U.S. Army Corps of Engineers Albuquerque District, 4101 Jefferson Plaza NE, Albuquerque, New Mexico 87109; telephone 505-342-3443; facsimile 505-342-3195; e-mail: *april.f.sanders@usace.army.mil.* Mr. Nabil Shafike, PhD, New Mexico Interstate Stream Commission, 121 Tijeras NE, Suite 2000, Albuquerque, New Mexico 87102; telephone 505-764-3866; facsimile 505-764-3893; e-mail: *nabil.shafike@state.nm.us* . SUPPLEMENTARY INFORMATION: Pursuant to various legal authorities, and subject to allocation of supplies and priority of water rights under state law, Reclamation and the Corps operate dams, reservoirs, and other facilities in the upper Rio Grande basin to:
(1)Store and deliver water for agricultural, domestic, municipal, industrial, and environmental uses;
(2)Assist the Commission in meeting downstream water delivery obligations mandated by the Rio Grande Compact;
(3)Provide flood protection and sediment control; and
(4)Comply with existing laws, contract obligations, and international treaties. The Upper Rio Grande Basin Water Operations Review (Review) provides the basis of, and is integral to, preparation of the FEIS. The purpose of the Review and FEIS is to:
(1)Identify flexibilities in operation of federal reservoirs and facilities in the upper Rio Grande basin that are within existing authorities of Reclamation, the Corps, and the Commission, and in compliance with Federal and State laws;
(2)Develop a better understanding of how these facilities could be operated more efficiently and effectively as an integrated system;
(3)Formulate a plan for future water operations at these facilities that is within the existing authorities of Reclamation, the Corps, and the Commission; complies with Federal, State, and other applicable laws and regulations; and assures continued safe dam operations;
(4)Improve processes for making decisions about water operations through better interagency communication and coordination and facilitation of public review and input; and
(5)Support compliance by the Corps, Reclamation, and the Commission with applicable laws and regulations, including, but not limited to, the National Environmental Policy Act and the Endangered Species Act. The FEIS addresses water operations at the following facilities with the noted exceptions and limitations: • Flood control operations at Platoro Reservoir (the Review and FEIS include only flood control operations at Platoro that are under the Corps' authority; water supply operations at Platoro are under local control) • Closed Basin Division-San Luis Valley Project • Heron Dam and Reservoir • Abiquiu Dam and Reservoir • Cochiti Dam and Reservoir • Low Flow Conveyance Channel • Flood control operations at Elephant Butte Dam and Reservoir (because of current litigation, water supply operations at Elephant Butte are not included in the Review or FEIS) • Flood control operations at Caballo Dam and Reservoir (because of current litigation, water supply operations at Caballo are not included in the Review or FEIS). Proposed Federal Action Reclamation, the Corps, and the Commission identified Alternative E-3 as the preferred alternative for water operations in the upper Rio Grande basin. This alternative allows for increased native (Rio Grande) water conservation and storage in Abiquiu Reservoir, maintains current channel capacity below Abiquiu Dam, increases channel capacity below Cochiti Dam, and allows a full range of operation for the Low Flow Conveyance Channel, with continued communication and coordination for flood control operations at Elephant Butte and Caballo Dams. No decision will be made on the proposed Federal action until 60 days after the release of the FEIS. After the 60-day waiting period, Reclamation, the Corps, and the Commission will complete individual agency Records of Decision. The Records of Decision will identify the action(s) that will be implemented and discuss all factors leading to the decision(s). Dated: March 2, 2007. Rick L. Gold, Regional Director—Upper Colorado Region, Bureau of Reclamation. [FR Doc. E7-7034 Filed 4-19-07; 8:45 am] BILLING CODE 4310-MN-P INTERNATIONAL TRADE COMMISSION [Investigation No. 332-487] Wood Flooring and Hardwood Plywood: Competitive Conditions Affecting the U.S. Industries AGENCY: United States International Trade Commission. ACTION: Institution of investigation and scheduling of hearing. SUMMARY: Following receipt on March 6, 2007, of a request from the Senate Committee on Finance, the Commission instituted investigation No. 332-487, *Wood Flooring and Hardwood Plywood: Competitive Conditions Affecting the U.S. Industries,* under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)). DATES: April 11, 2007: Date of institution. August 22, 2007: Deadline for filing requests to appear at the public hearing. August 29, 2007: Deadline for filing pre-hearing briefs and statements. September 13, 2007, 9:30 a.m.: Public hearing. October 5, 2007: Deadline for filing post-hearing briefs and statements. December 28, 2007: Deadline for filing written statements. June 6, 2008: Transmittal of report to the Committee on Finance. ADDRESSES: All Commission offices, including the Commission's hearing rooms, are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions, including requests to appear at the hearing, statements, and briefs, should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Industry-specific information may be obtained from Fred Forstall, Co-Project Leader, (202-205-3443 or *alfred.forstall@usitc.gov* ), or David Ingersoll, Co-Project Leader, (202-205-2218 or *dave.ingersoll@usitc.gov* ). For information on legal aspects of the investigation, contact William Gearhart of the Commission's Office of the General Counsel at 202-205-3091 or *william.gearhart@usitc.gov* . The media should contact Margaret O'Laughlin, Office of External Relations at 202-205-1819 or *margaret.olaughlin@usitc.gov* . Hearing impaired individuals are advised that information on this matter can be obtained by contacting the TDD terminal on 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Secretary at 202-205-2000. SUPPLEMENTARY INFORMATION: As requested by the Committee, the Commission will conduct an investigation and provide a report that contains, to the extent possible, the following information: 1. An overview of the U.S. markets for solid and engineered wood flooring (both unfinished and factory finished products), and hardwood plywood; 2. A description of the U.S. industries for wood flooring and hardwood plywood and the industries in the principal countries (including Canada, China, Brazil, Indonesia, Malaysia, and Russia) supplying the U.S. market, including trends in production, capacity, employment, and consumption; 3. An examination of U.S. trade patterns and the factors affecting trade patterns, including tariffs and other border measures; 4. An analysis of the factors affecting the competitive position of U.S. producers and the principal foreign suppliers to the U.S. market including raw materials, illegal logging, technological capabilities, labor practices, environmental policies, government programs, and substitutes for wood flooring and hardwood plywood; 5. Views of industry, homebuilders, importers and other interested parties on developments in the supply of and the demand for wood flooring and hardwood plywood, including the effect of imports and substitutes for each product. As requested by the Committee, the Commission will provide its report no later than June 6, 2008. *Public Hearing:* A public hearing in connection with this investigation will be held beginning at 9:30 a.m. on September 13, 2007, at the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All persons have the right to appear by counsel or in person, to present information, and to be heard. Requests to appear at the public hearing should be filed with the Secretary not later than the close of business (5:15 p.m.) on August 22, 2007, in accordance with the requirements in the “Submissions” section below. Any pre-hearing briefs or statements should be filed not later than 5:15 p.m., August 29, 2007. The deadline for filing post-hearing briefs and statements is 5:15 p.m., October 5, 2007. In the event that, as of the close of business on August 22, 2007, no witnesses are scheduled to appear at the hearing, the hearing will be cancelled. Any person interested in attending the hearing as an observer or non-participant may call the Secretary (202-205-2000) after August 22, 2007, to determine whether the hearing will be held. *Written Statements:* In lieu of or in addition to participating in the hearing, interested parties are invited to submit written statements concerning this investigation. All submissions should be addressed to the Secretary, and should be received no later than the close of business on December 28, 2007. All written submissions must conform with the provisions of § 201.8 of the *Commission's Rules of Practice and Procedure* (19 CFR 201.8). Section 201.8 of the rules requires that a signed original (or a copy designated as an original) and fourteen
(14)copies of each document be filed. In the event that confidential treatment of the document is requested, at least four
(4)additional copies must be filed, in which the confidential information must be deleted. The Commission's rules do not authorize filing submissions with the Secretary by facsimile or electronic means, except as permitted by section 201.8 of the *Commission's Rules of Practice and Procedure* (19 CFR 201.8) (See Handbook for Electronic Filing Procedures, *http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf* . Any submissions that contain confidential business information must also conform with the requirements of § 201.6 of the *Commission's Rules of Practice and Procedure* (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the “confidential” or “nonconfidential” version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. In its request letter, the Committee stated that it intends to make the Commission's report available to the public in its entirety, and asked that the Commission not include any confidential business information in the report it sends to the Committee. The report that the Commission sends to the Committee will not contain any such information. Any confidential business information received by the Commission in this investigation and used in preparing the report will not be published in a manner that would reveal the operations of the firm supplying the information. Issued: April 16, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-7540 Filed 4-19-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Employment and Training Administration Procedures for H-2B Temporary Labor Certification in Non-Agricultural Occupations AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: This notice updates procedures for State Workforce Agencies and ETA National Processing Centers to process H-2B labor certification applications in non-agricultural occupations. SUPPLEMENTARY INFORMATION: I. References Immigration and Nationality Act
(INA)Section 101(a)(15)(H)(ii)(b), Title 20 Code of Federal Regulations
(CFR)parts 652 and 655; Title 8 CFR 214.2(h)(6); 70 FR 41430, Jul. 19, 2005; General Administration Letter
(GAL)01-95, Procedures for H-2B Temporary Labor Certification in Nonagricultural Occupations; GAL 01-95, Change 1, Procedures for H-2B Temporary Labor Certification in Nonagricultural Occupations; and Field Memorandum
(FM)25-98, H-2B Temporary Non-Agricultural Labor Certification Program Requirements. II. Background The H-2B non-immigrant program permits employers to hire foreign workers to come to the United States (U.S.) and perform temporary non-agricultural services or labor on a one-time, seasonal, peakload, or intermittent basis. The H-2B visa classification requires a temporary labor certification from the Secretary of Labor advising the Department of Homeland Security's United States Citizenship and Immigration Services (USCIS) as to whether qualified U.S. workers are available and whether the alien's employment will adversely affect the wages and working conditions of similarly employed U.S. workers, or a notice that such certification cannot be made, prior to filing an H-2B visa petition with USCIS. Historically, H-2B applications for non-agricultural occupations were processed through the Employment and Training Administration's
(ETA)Regional Offices. However, in December 2004, the Department opened two new National Processing Centers (NPCs), one each located in Atlanta and Chicago. These Centers have been designated to process applications to employ foreign workers for temporary positions under the H-2B program. The Department published a notice in the **Federal Register** (70 FR 41430, Jul. 19, 2005), clarifying that employers must file two
(2)originals of the ETA Form 750, Part A, directly with the State Workforce Agency
(SWA)serving the area of intended employment and, once reviewed, the SWA will send the complete application to the appropriate NPC. That process does not apply to employer applications for boilermakers, entertainers, logging, and professional team sports, which were given special filing instructions in the notice. III. Procedures for H-2B Applications Attachment A outlines procedures that the SWAs and NPCs must use in making temporary labor certification determinations under the H-2B program. This guidance replaces and supersedes prior operating procedures issued under GAL 01-95, GAL 01-95, Change 1, and FM 25-98. It works in concert with the new centralized filing process at the NPCs to ensure greater consistency in the processing of H-2B applications. Special handling procedures for certain non-agricultural occupations, such as forestry workers and boilermakers, will be issued through separate guidance letters by the National Office. IV. Action Required NPC Directors and SWA Administrators are directed to provide Center and SWA staff involved in the processing of H-2B applications with a copy of these procedures. V. Inquiries Questions from State Workforce Agency staff should be directed to the appropriate NPC Certifying Officer. This information is also released in the form of a Training and Employment Guidance Letter
(TEGL)which is available at: *http://www.doleta.gov/directives.* Signed at Washington, DC, this 6th day of April, 2007. Emily Stover DeRocco, Assistant Secretary, Employment and Training Administration, Labor. Attachment A: Procedures for H-2B Certification of Temporary Non-Agricultural Occupations I. General Provisions A. The regulations of the United States Citizenship and Immigration Service (USCIS), 8 CFR 214.2(h)(6), apply to employers who wish to import non-agricultural workers to perform services or labor in temporary jobs within the United States (U.S.). Section 214(c)(1) of the Immigration and Nationality Act
(INA)requires the Department of Homeland Security
(DHS)to consult with appropriate agencies of the government before granting H-2B petitions; B. USCIS regulations state that employers who file H-2B petitions (except for temporary employment on Guam) must include a certification from the DOL stating that qualified workers are not available in the U.S., and the foreign worker's employment will not adversely affect the wages and working conditions of similarly employed U.S. workers; C. The H-2B non-immigrant program permits employers to hire foreign workers to perform temporary non-agricultural work within the U.S. on a one-time occurrence, seasonal, peakload, or intermittent basis (8 CFR 214.2(h)(6)(ii)(B)); D. The DOL regulations at 20 CFR Part 655, Subpart A— *Labor Certification Process for Temporary Employment in Occupations Other Than Agriculture, Logging or Registered Nurses in the United States (H-2B Workers),* governs the labor certification process for temporary employment in the U.S. under the H-2B classification, and requires that the Regional Administrator (now National Processing Center (NPC)) Certifying Officer of the Employment and Training Administration
(ETA)issue temporary labor certifications on behalf of the Secretary of Labor; E. An H-2B temporary labor certification is advisory to USCIS and, where the employer is notified by the NPC Certifying Officer that certification is denied or cannot be made, the employer may submit countervailing evidence, according to 8 CFR Part 214.2(h)(6)(iv)(E), directly to USCIS. There is no provision for reconsideration or appeal of the determination made by the DOL through the NPC Certifying Officer. II. Standards for Determining the Temporary Nature of a Job Opportunity Under the H-2B Classification A. A job opportunity is considered temporary under the H-2B classification if the employer's need for the duties to be performed is temporary, whether or not the underlying job is permanent or temporary. It is the nature of the employer's need, not the nature of the duties, that is controlling (Matter of Artee Corp., 18 I&N Dec. 366 (Comm. 1982)); B. Part-time employment does not qualify as employment for temporary labor certification under the H-2B program. Only full-time employment can be certified; C. The Federal regulations at 8 CFR Part 214.2(h)(6)(ii) state that the period of the petitioner's need must be a year or less, although there may be extraordinary circumstances where the temporary services or labor might last longer than one year. If there are unforeseen circumstances where the employer's need exceeds one year, a new application for temporary labor certification is required for each period beyond one year. However, an employer's seasonal or peakload need of longer than 10 months, which is of a recurring nature, will not be accepted; D. The employer's need for temporary non-agricultural services or labor must be justified to the NPC Certifying Officer under one of the following standards:
(1)A one-time occurrence,
(2)a seasonal need,
(3)a peakload need, or
(4)an intermittent need. 1. *One-Time Occurrence.* The petitioner must establish that either
(1)it has not employed workers to perform the services or labor in the past *and* that it will not need workers to perform the services or labor in the future, or
(2)it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker(s); 2. *Seasonal Need.* The petitioner must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. The petitioner shall specify the period(s) of time during each year in which it does not need the services or labor. The employment is not seasonal if the period during which the services or labor is not needed is unpredictable or subject to change or is considered a vacation period for the petitioner's permanent employees; 3. *Peakload Need.* The petitioner must establish that
(1)it regularly employs permanent workers to perform the services or labor at the place of employment and that it needs to supplement its permanent staff at the place of employment on a temporary basis due to a seasonal or short-term demand, *and*
(2)the temporary additions to staff will not become a part of the petitioner's regular operation; or 4. *Intermittent Need.* The petitioner must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers to perform services or labor for short periods. III. Application Filing Procedures A. An employer desiring to use foreign workers for temporary non-agricultural employment must file a complete ETA Form 750, Part A, Offer of Employment portion of the Application for Alien Employment Certification with the State Workforce Agency
(SWA)serving the area of intended employment. If the application includes worksite locations within a Metropolitan Statistical Area
(MSA)covering multiple SWAs, the employer may submit a single application to the SWA where the employment will begin. In those instances where the employment crosses NPC jurisdictions as well, the NPC that has jurisdiction over the SWA where the employment will begin shall process the application. The U.S. Census Bureau maintains a current listing of all MSAs as well as maps by state at the following Web site: *http://www.census.gov/population/www/estimates/metroarea.html.* B. An association or other organization of employers is not permitted to file master applications on behalf of its membership under the H-2B program; C. Job contractors typically supply labor to one or more employers as part of signed work contracts or labor services agreements. The temporary or permanent nature of the work to be performed in such applications will be determined by examining the job contractor's need for such workers, rather than the needs of its employer customers; D. Every H-2B application shall include: 1. Two
(2)originals of the ETA Form 750, Part A, Offer of Employment portion of the Application for Alien Employment Certification, signed and dated by the employer. Part B, Statement of Qualifications of the Alien, is not required to be completed; 2. Documentation of any efforts to advertise and recruit U.S. workers prior to filing the application with the SWA; 3. A detailed statement explaining
(a)why the job opportunity and number of workers being requested reflect a temporary need, and
(b)how the employer's request for the services or labor meets one of the standards of a one-time occurrence, a seasonal need, a peakload need, or an intermittent need. This statement of temporary need must be submitted separately on the employer's letterhead with signature. A labor shortage, however severe, does not alone establish a temporary need. One of the four temporary need standards must be satisfied; 4. Supporting evidence and documentation that justifies the chosen standard of temporary need must be submitted. Examples of supportive evidence or documentation for the most common standards of seasonal and peakload need include, but are not limited to, the following: a. Signed work contracts, letters of intent from clients, and/or monthly invoices from previous calendar year(s) clearly showing that work will be performed for each month during the requested period of need on the ETA Form 750, Part A, Item—18b. This type of documentation will demonstrate that the employer's need for the work to be performed is tied to a season(s) of the year and will recur next year on the same cycle; b. Annualized and/or multi-year work contracts or work agreements that are supplemented with signed work contracts specifying the actual dates when work will commence and end during each year of service; c. Summarized monthly payroll reports for a minimum of one previous calendar year that identifies, for each month and separately for full-time permanent and temporary employment in the requested occupation, the total number of workers or staff employed, total hours worked, and total earnings received. Such documentation must be signed by the employer attesting that the information being presented was compiled from the employer's actual accounting records or system. Employers should be prepared to provide the documents utilized to generate the summarized monthly payroll reports if requested by the NPC Certifying Officer. *Examples of insufficient documentation:* Work contracts with no clear termination date and contracts with temporary workers. Applications supported solely by weather charts, event calendars, hotel occupancy rates, or annual/quarterly tax reports ( *e.g.* , IRS Form 941) will not be sufficient to prove a temporary need. Staffing charts, graphs, or other documentation, which do not correspond with the requested period of need on the ETA Form 750, Part A, Item—18b, will also not be sufficient to prove a temporary need. E. To allow for enough time for the recruitment of U.S. workers and sufficient time for processing by the states and NPCs, the SWAs shall advise employers to file requests for temporary labor certification at least 60 days before the worker(s) is needed in order to receive a timely determination; F. Unless the NPC Certifying Officer specifies otherwise, the SWA shall return to the employer any request for temporary labor certification filed by the employer more than 120 days before the worker(s) is needed and advise them to re-file the application no more than 120 days before the worker(s) is needed. This is necessary since the availability of temporary U.S. workers changes over short periods of time and an adequate test of the labor market cannot be made during a longer period; G. More than one worker may be requested on the ETA Form 750, Part A, Item 18a, if they are to do the same type of work on the same terms and conditions, in the same occupation, in the same area(s) of intended employment during the same period. The total number of workers requested by the employer must also be specified in the advertisement and the job order required under Section IV of these instructions; H. If the employer's representative files the application, the employer must sign the “Authorization of Agent of Employer” statement on the ETA Form 750, which authorizes the agent to act on the employer's behalf. An attorney must file a Notice of Appearance (Form G-28) naming the attorney's client(s). The employer is fully responsible for the accuracy of all representations made by the agent on the employer's behalf; I. When the job opportunity requires work to be done at multiple locations either within the jurisdiction of the SWA *or* within a MSA that covers multiple SWAs, the application must include the names and physical addresses of each location. This requirement also applies to job contractors filing H-2B applications. IV. SWA Processing Instructions A. The SWA shall review the job offer for completeness. A job opportunity containing a wage offer below the prevailing wage will not be accepted. The SWA shall determine the prevailing wage, guided by the regulations at 20 CFR Part 656.40 and in accordance with Employment and Training Administration, Prevailing Wage Determination Policy Guidance, Non-agricultural Immigration Programs, Revised May 9, 2005 ( *http://www.foreignlaborcert.doleta.gov/pdf/Policy_Nonag_Progs.pdf* ); B. If the job offer is less than full-time, offers to pay a wage below the prevailing wage, contains unduly restrictive job requirements or a combination of duties not normal to the occupation, or has terms and conditions of employment which otherwise inhibit the effective recruitment and consideration of U.S. workers for the job, or is otherwise unacceptable, the SWA shall advise the employer to correct the deficiencies before commencing the recruitment; C. When commencing recruitment, the SWA shall prepare a job order, using the information on the application, and place it into the SWA job bank system for 10 calendar days. During this period, the SWA should refer qualified applicants who contact the local offices and those in its active job files. If the application indicates that work will be performed in multiple locations within a MSA and one or more locations are outside the jurisdiction of the SWA, the SWA shall clear the job order for 10 calendar days with the appropriate state(s) where the work is to be performed and accept for referral to the employer qualified applicants from the state(s); D. During the 10-day posting of the job order, the employer shall advertise the job opportunity in a newspaper of general circulation for 3 consecutive calendar days or in a readily available professional, trade or ethnic publication, whichever the SWA determines is most appropriate for the occupation and most likely to bring responses from U.S. workers. If the job opportunity is located in a rural area that does not have a newspaper with a daily edition, the employer shall use a daily edition with the widest circulation in the nearest urban area or such other publication as determined by the SWA; E. The employer advertisement must: 1. Identify the employer's name and direct applicants to report or send resumes to the SWA for referral to the employer; 2. Describe the job opportunity with particularity, including duties to be performed, work hours and days, rate of pay, and the duration of the employment; 3. State the employer's minimum job requirements; 4. Offer wages, terms, and conditions of employment which are not less favorable than those offered to the alien and are consistent with the nature of the occupation, activity, and industry; and 5. State the total number of job openings the employer intends to fill. F. The employer shall document that union and other recruitment sources, appropriate for the occupation and customary in the industry, were contacted *and* either unable to refer qualified U.S. workers or non-responsive to the employer's request. Such documentation must be signed by the employer; G. The employer shall provide the SWA with copies of newspaper pages ( *e.g.* , tear sheets) or other proof of publication ( *e.g.* , affidavit of publication, invoices or other electronic verification) furnished by the newspaper for each day the advertisement was published. In addition, the employer shall submit to the SWA a written, detailed recruitment report that is signed by the employer. The written recruitment report must: 1. Identify each recruitment source by name; 2. State the name, address, and telephone number and provide resumes (if submitted to the employer) of each U.S. worker who applied for the job; and 3. Explain the lawful job-related reason(s) for not hiring each U.S. worker. H. After the recruitment period, the SWA shall send the application, results of recruitment, prevailing wage findings, and all other supporting documentation to the appropriate NPC Certifying Officer; I. Based on the results of the employer's and SWA recruitment efforts, the NPC Certifying Officer shall determine whether there are other appropriate sources of workers from which the employer should have recruited in order to obtain qualified U.S. workers. If further recruitment is warranted, the NPC Certifying Officer shall return the application to the SWA with specific instructions for additional recruitment. V. NPC Temporary Labor Certification Determinations A. The NPC Certifying Officer shall determine whether to grant or deny the temporary labor certification or to issue a notice that such certification cannot be made based on whether or not: 1. The nature of the employer's need is temporary and justified based on a one-time occurrence, seasonal, peakload, or intermittent basis. To determine this, the NPC Certifying Officer shall take into account the duration of the employment opportunity identified on the ETA Form 750, Part A, the employer's statement of temporary need, and all evidence and documentation submitted with the application intended to substantiate the chosen standard of temporary need. 2. Qualified U.S. workers are available for the temporary job opportunity. a. To determine if a U.S. worker is available, the NPC Certifying Officer shall consider U.S. workers living or working in the area of intended employment, and may also consider U.S. workers who are willing to move from elsewhere to take the job at their own expense, or at the employer's expense, if the prevailing practice among employers who employ workers in the occupation is to pay such relocation expenses; b. The NPC Certifying Officer shall consider a U.S. worker able and qualified for the job opportunity if the worker by education, training, experience, or a combination thereof, can perform the duties involved in the occupation as customarily performed by other U.S. workers similarly employed and is willing to accept the specific job opportunity; and c. To determine if U.S. workers are available for job opportunities that will be performed in more than one location, workers must be available in each location on the dates specified by the employer. 3. The employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. To determine this, the NPC Certifying Officer shall consider such factors as local or regional labor market information, special circumstances of the industry, organization, and/or occupation, the prevailing wage rate for the occupation in the area of intended employment, and prevailing working conditions, such as hours of work; and 4. The job opportunity contains requirements or conditions which preclude consideration of U.S. workers or which otherwise prevent their effective recruitment, such as: a. The job opportunity is vacant because the former occupant is on strike or locked out in the course of a labor dispute involving a work stoppage or the job is at issue in a labor dispute involving a work stoppage; b. The job opportunity's terms, conditions, and/or occupational environment are contrary to Federal, state, or local law; c. The employer has no location within the U.S. to which domestic workers can be referred and hired for employment; d. The employer will not pay a wage or salary for the job to be performed; e. The job's requirements are unduly restrictive or represent a combination of duties not normal to the occupation; or f. The employer has not recruited U.S. workers according to DOL policies and procedures. B. If the NPC Certifying Officer issues a notice that a certification is denied or cannot be made, the Final Determination letter shall: 1. Detail the reasons why certification cannot be made; 2. If applicable, address the availability of U.S. workers in the occupation as well as the prevailing wages and working conditions of similarly employed U.S. workers in the occupation; 3. Indicate the specific DOL policies the employer should have, but did not, follow; and 4. Advise the employer of the right to appeal by submit countervailing evidence directly to the USCIS. C. If the NPC Certifying Officer issues a temporary labor certification, it shall be for the entire duration of the temporary employment opportunity identified on the ETA Form 750, Part A. If extraordinary circumstances establish a need that requires the non-agricultural services or labor for more than one year, a new application must be filed; D. The date on the temporary labor certification shall be the beginning and ending dates of certified employment and the date certification was granted. The beginning date of certified employment may not be earlier than the date certification was granted. VI. Document Transmittal A. After making a temporary labor certification determination, the NPC Certifying Officer shall notify the employer, in writing, of the final determination; B. If certification is granted, the NPC Certifying Officer shall send the certified application containing the official temporary labor certification stamp and a Final Determination letter to the employer or, if appropriate, the employer's agent or attorney. The Final Determination letter shall direct the employer to submit all documents together with the employer's petition to the appropriate USCIS Office; C. If a notice is issued that certification has been denied or cannot be made, the NPC Certifying Officer shall return one copy of the Application for Alien Employment Certification, ETA Form 750, supporting documents, and the Final Determination letter to the employer, or, if appropriate, to the employer's agent or attorney. VII. Appeal of Notice That A Certification Cannot Be Made A. The finding by the NPC Certifying Officer, that a certification cannot be made, is the final decision of the Secretary of Labor and is advisory to the USCIS. There is no provision for reconsideration or appeal of the decision within DOL; B. In accordance with the USCIS regulations at 8 CFR Part 214.2(h)(6)(iv)(E), the employer may submit countervailing evidence directly to the USCIS that qualified persons in the U.S. are not available, that the employer's need for the duties to be performed is represented as temporary, that wages and working conditions of U.S. workers will not be adversely affected, and that the DOL's employment policies were observed. VIII. Validity of Temporary Labor Certifications A temporary labor certification is valid only for the number of aliens, the occupation, the area of employment, the specific occupation and duties, the period of time, and the employer specified on the Application for Alien Employment Certification, ETA Form 750. [FR Doc. E7-7521 Filed 4-19-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration is issuing this notice to announce the receipt of a “Certification of Non-Relocation and Market and Capacity Information Report” (Form 4279-2) for the following: *Applicant/Location:* Student Assistance Foundation/Helena, Montana. *Principal Product:* The loan, guarantee, or grant application is to construct a new primary office facility, refinance an existing office facility, and refinance land already acquired. The NAICS industry code for this enterprise is: 522294 Secondary Market Financing. DATES: All interested parties may submit comments in writing no later than May 4, 2007. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210; or e-mail *Dais.Anthony@dol.gov;* or transmit via fax 202-693-3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number
(202)693-2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR part 75, authorizes the United States Department of Agriculture
(USDA)to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in:
(a)A transfer of any employment or business activity from one area to another by the loan applicant's business operation; or,
(b)An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration
(ETA)within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed at Washington, DC, this 16th day of April, 2007. Gay M. Gilbert, Administrator, Office of Workforce Investment, Employment and Training Administration. [FR Doc. E7-7507 Filed 4-19-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration Workforce Investment Act—Migrants and Seasonal Farmworkers Program—Solicitation for Grant Applications—National Farmworker Jobs Program, Housing Assistance for Program Year 2007 AGENCY: U.S. Department of Labor, Employment and Training Administration. ACTION: New. Initial announcement of a grant competition for operating the Housing Assistance portion of the National Farmworker Jobs Program (NFJP), under section 167 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. 2912. *Funding Opportunity Number:* SGA/DFA-PY 06-05. *Catalog of Federal Domestic Assistance
(CFDA)Number:* 17.264. SUMMARY: The U.S. Department of Labor (the Department or DOL), Employment and Training Administration (ETA), Office of Workforce Investment (OWI), Division of Adult Services (DAS), announces a grant competition for operating the housing assistance portion of the National Farmworker Jobs Program (NFJP), under section 167 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. 2912. All applicants for grant funds should read this notice in its entirety. Section 167, paragraph
(a)of WIA requires the Secretary to award grants or contracts on a competitive basis to eligible entities for the purposes of carrying out the activities authorized under section 167. Although housing assistance is identified in WIA as one of the allowable activities under the NFJP, Congressional appropriations language directs the Department to make available a specific amount of the funds appropriated for the NFJP for migrant and seasonal farmworkers housing assistance grants, and that no less than 70 percent of the specified amount must be used for permanent housing activities. Therefore, under this solicitation, of the $4,950,000 appropriated for NFJP Housing assistance, approximately $3,465,000 will be available for permanent housing assistance and approximately $1,485,000 for temporary and/or emergency housing assistance. DATES: *Key Dates:* The closing date for receipt of applications under this announcement is May 29, 2007. Applications must be received at the address below no later than 5 p.m. Eastern Time. ADDRESSES: Applications must be directed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James Stockton, Room N-4673, 200 Constitution Avenue, NW., Washington, DC 20210. SUPPLEMENTARY INFORMATION: Supplementary Information Funding Opportunity Description The U.S. Department of Labor, Employment and Training Administration, Office of Workforce Investment (OWI), Division of Adult Services (DAS), is requesting applications for grants to operate the housing assistance portion of the National Farmworker Jobs Program
(NFJP)in accordance with Section 167 of WIA, 29 U.S.C. 9201. The NFJP serves economically disadvantaged persons who primarily depend on employment in agricultural labor performed within the United States, including Puerto Rico, and who experience chronic unemployment or underemployment. Housing assistance is a supportive service offered to assist migrant and seasonal farmworkers to retain employment or enter into or complete training. Funds for housing assistance activities are made available through the NFJP appropriation included in the FY 2007 Continuing Appropriations Resolution, Pub. L. 110-5. Housing assistance under the NFJP became available three decades ago as a tool to improve economic outcomes for farmworkers and was included as one of a number of supportive services to assist farmworkers to retain employment or enter into and/or remain in training. The NFJP regulations consider housing assistance one of a number of related assistance and/or supportive services available to eligible farmworkers through the NFJP (20 CFR 669.430). Over time, however, a strong link between the provision of housing assistance and achievement of employment, training, and earnings has eroded. To once again establish a strong link between housing assistance activities and improved economic outcomes for farmworkers, the Department engaged in a dialogue with current and former housing assistance grantees to develop a set of principles and definitions of housing assistance that renewed the focus on employment and training objectives in future solicitations/competitions. The results of the dialogue are the Guiding Principles and Definitions that follow. Please note that a factor in scoring applications will be how well these Principles are applied to the proposed plan of services requested by this solicitation. The Definitions are intended to provide clarity for applicants as they develop their applications, and will also be factored into the scoring of the applications. Guiding Principles Housing Assistance Should Leverage Improved Economic Outcomes for Farmworkers Housing assistance should enable migrant and seasonal farmworkers to retain employment, enter into, or complete job training activities, and improve their earnings. Housing is a service that supports the economic objectives of the NFJP. Housing Assistance Services, and the Strategies Used To Deliver Them, Should Meet the Needs of All Farmworkers Farmworkers seeking to improve their economic future have diverse housing needs. Moreover, these needs are not static but change over time. Strategies used to meet these diverse and dynamic housing assistance needs must be flexible and based on a mix of permanent and temporary housing and emergency assistance solutions tailored to regional and local needs. Housing Developed With WIA 167
(NFJP)Funding Should Be Actively Marketed, and Broadly Accessible, to NFJP-Eligible Farmworkers While occupancy of year-round and migrant rental units is not restricted to NFJP-eligible farmworkers, the strong link between housing assistance and the economic objectives of the NFJP should translate directly into broad access by NFJP farmworkers to housing assistance. Providing housing assistance to NFJP-eligible farmworkers should be a priority. Definitions *Permanent Housing* (and its corresponding housing assistance services) is defined as housing intended to be owner-occupied, or occupied on a permanent, year-round basis (notwithstanding ownership) as the farmworker's primary residence to which he/she typically returns at the end of the work or training day, and assists the farmworker to stay employed or enter into or complete job training. Permanent housing (services) includes: Rental units, single family, duplexes, and other multi-family structures, dormitory, group home and other housing types that provide short-term, seasonal, or year-round housing opportunities in permanent structures. Modular structures, manufactured housing or mobile units placed on permanent foundations and supplied with appropriate utilities and other infrastructure are also considered permanent housing. Managing permanent housing assistance activities may require investments in development services, project management, resource development to secure acquisition, construction/renovation and operating funds, property management services and program management. New construction, purchase of existing structures, and rehabilitation of existing structures, as well as the infrastructure, utilities and other improvements necessary to complete or maintain those structures may also be considered part of managing permanent housing. *Temporary housing* (and its corresponding housing services, including emergency housing assistance) is defined as housing intended to meet the farmworker's need to temporarily occupy a unit of housing for reasons related to seeking or retaining employment, or engaging in training. It is not owner-occupied housing, and those farmworkers most likely to utilize it are those engaged in migratory employment or seasonal workers whose employment requires occasional travel outside their normal commuting area. Temporary housing includes housing units intended for temporary occupancy located in permanent structures, such as rental units in an apartment complex. Yurts, mobile structures, and tents that provide short-term, seasonal housing opportunities are also included. They may be moved from site to site, dismantled and re-erected when needed for farmworker occupancy, closed during the off-season, or other similar arrangements. Temporary housing may also be off-farm housing operated independently of employer interest in or control of the housing, or on-farm housing operated by a nonprofit, including faith based or community non-profit organizations, but located on property owned by an agricultural employer. Managing temporary housing assistance may involve property management of temporary housing facilities, case management and referral services, and emergency housing payments, including vouchers and cash payments for rent/lease and utilities. As mentioned earlier, applicants must design their programs around the aforementioned Guiding Principles and Definitions, since they will be used as scoring factors. Applicants may propose to provide permanent housing assistance services only, temporary/emergency housing assistance services only, or both permanent and temporary/emergency housing assistance services. The proposal must describe the proposed housing services to be provided and discuss the reasons why the proposed service mix is best suited to meet the employment and training and program performance objectives of the NFJP. Awards made in cases where housing assistance services are proposed in a single category only (permanent or temporary/emergency) will reflect ETA's compliance with the Congressional mandate that seventy
(70)percent of housing assistance funds be used to provide permanent housing assistance services. Applicants proposing to offer both types of housing assistance services must clearly describe the permanent and temporary/emergency housing assistance services proposed to be provided, and discuss the reasons why the proposed service strategy is best suited to meet the employment and training and program performance objectives of the NFJP. Such applications must include separate budgets for the proposed permanent and temporary/emergency housing assistance, respectively. These separate budget requests must conform to the Congressional mandate that seventy
(70)percent of housing assistance funds be used to provide permanent housing assistance services. Housing assistance under the NFJP is subject to the requirements of WIA section 167 and the Department's regulations at 20 CFR part 669. This program is also subject to the requirements of 29 CFR parts 93 (New Restrictions on Lobbying), 96 (Audit Requirements), and 98 (Debarment, Suspension, and Drug-Free Workplace Requirements); the Department's non-discrimination regulations at 29 CFR part 34, the non-discrimination regulations implementing WIA Section 188 at 29 CFR part 37, and the Equal treatment regulations found at 29 CFR Part 2, Subpart D. Applicants should be familiar with and consult the WIA regulations at 20 CFR parts 660 through 671 in developing their grant proposals. Should the regulations at part 669 of WIA conflict with regulations elsewhere in 20 CFR, the regulations at part 669 will control. In addition, this program is subject to the provisions of the “Jobs for Veterans Act,” Public Law 107-288, which provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in job training programs directly funded, in whole or in part, by the U.S. Department of Labor. In circumstances where NFJP housing assistance grant recipients must choose between two equally qualified candidates for housing assistance, one of whom is a veteran, the Jobs for Veterans Act requires that NFJP housing assistance grant recipients give the veteran priority of service by admitting him or her into the program. Please note that, to obtain priority of service, a veteran must meet the program's eligibility requirements. ETA Training and Employment Guidance Letter
(TEGL)No. 5-03, along with additional guidance, is available at the “Jobs for Veterans Priority of Service” Web site at *http://www.doleta.gov/programs/vets. * DAS will continue to work with grantees to develop a reporting and performance management and accountability system that allows for improved tracking of activities and performance results. Until such system is established, applicants awarded grants will be expected to report in narrative form on a quarterly basis. Instructions will be provided to organizations once grants are awarded. II. Award Information The type of assistance instrument to be used for the NFJP Housing Assistance program is a grant. Grants awarded through this solicitation will be for a two-year period, as prescribed in WIA section 167. Please be advised that the $4,950,000 provides funding for the NFJP for PY 2007 only (July 1, 2007, through June 30, 2008). Therefore, second year funding will be dependent on the availability of funding through the FY 2008 appropriation process. The amount available nationally for the NFJP Housing Assistance program is $4,950,000. The FY 2007 Continuing Appropriations Resolution, Public Law 110-5, provides that no less than 70 percent of this amount shall be used for permanent housing activities. Therefore, approximately $3,465,000 will be available for permanent housing activities, and $1,485,000 will be available for temporary and emergency housing activities. Applicants are reminded that separate budgets and descriptions of activities are required for permanent and temporary and/or emergency housing assistance, particularly in cases where the applicant organization intends to provide both types of services. In the past, housing grantees have typically provided housing assistance services in more than one state or area of a state. Therefore, for applications covering more than one area, applicants will be required to submit detailed information about the services to be provided in each of the areas covered by the proposal, including information regarding sub-grantees, if any. The application must include a detailed budget for each of the sub-grantees and describe the housing assistance services to be provided by each sub-grantee. Applications that propose to use sub-grantees but contain one budget for the entire project, without the breakdown for the sub-grantees, will be considered non-responsive and will not be reviewed. The number and funding amount of grants awarded will vary depending on the number of applications received and found to be fundable. In the past, awards have ranged from approximately $150,000 to approximately $1,000,000. Note: Selection of an organization as a grantee does not constitute approval of the grant application as submitted. Before the actual grant is awarded, the Department may enter into negotiations about such items as program components, the budget proposal, staffing and funding levels, and administrative systems in place to support grant implementation. If the negotiations do not result in a mutually acceptable submission, the Grant Officer reserves the right to terminate the negotiation and decline to fund the application. III. Eligibility Information Eligible Applicants Applicants need not be a current or prior housing assistance grantee to be eligible for a grant award under this solicitation. State workforce agencies and State Workforce Boards, Local Workforce Investment Boards (LWIBs), and faith-based and community organizations are examples of the entities eligible to apply for a grant award. To provide housing assistance services to eligible migrant and seasonal farmworkers under WIA section 167, whether permanent, temporary/emergency, or a mix of both, the Department will select those proposals that are deemed most responsive to the requirements of this solicitation, as reviewed and scored during the review panel process. To that end, proposals must show that the applicant: —Has an understanding of the housing market in the area(s) they propose to serve, as well as an understanding of the housing needs of migrant and seasonal farmworkers; —Has a familiarity with the housing conditions in the proposed service area, the housing assistance available from other agencies in the service area, and the impact of both those elements on the housing needs of farmworkers; and —Has the capacity to effectively administer a housing assistance program with the proper administrative and fiscal oversight and integrity. Additionally, to be responsive to the requirements of this solicitation, applicants must demonstrate how the proposed service plan will reflect the Guiding Principles described in Section I of this solicitation. Applicants must describe their collaboration and working relationships with other agencies in the proposed service area that may provide housing or employment assistance, such as the One-Stop system and the wider community of social service agencies, including faith-based and community organizations. The proposal should describe the expected results of those relationships on the development of and enhanced housing assistance services for farmworkers under this grant, if an award is made. Cost Sharing or Matching The WIA section 167 program does not require grantees to share costs or provide matching funds. Other Eligibility Criteria In accordance with 29 CFR part 98, entities that are debarred or suspended are excluded from Federal financial assistance and are ineligible to receive a WIA section 167 housing assistance grant. Prior to awarding a grant, the Department will conduct a responsibility review of each potential grantee through available records. The responsibility review relies on testing available records to determine if an applicant has a satisfactory history of accounting for Federal funds and property. The responsibility review is independent of the competitive process. Applicants failing to meet the requirements of this section may be disqualified for selection as grantees, irrespective of their standing in the competition. Any applicant not selected as a result of the responsibility review will be advised of their appeal rights. The responsibility tests that will be applied are those present in the WIA regulations (20 CFR 667.170). Legal Rules Pertaining to Inherently Religious Activities by Organizations That Receive Federal Financial Assistance The government is generally prohibited from providing direct financial assistance for inherently religious activities. Please note that, in this context, the term direct financial assistance means financial assistance that is provided directly by a government entity or an intermediate organization, as opposed to financial assistance that an organization receives as the result of the genuine and independent private choice of a beneficiary. These grants may not be used for religious instruction, worship, prayer, proselytizing, or other inherently religious activities. Neutral, non-religious criteria that neither favor nor disfavor religion must be utilized in the selection of grant recipients and sub-recipients. The Department's Equal Treatment regulations can be found at 29 CFR Part 2, Subpart D. IV. Application and Submission Information Address To Request Application Package This SGA includes all information and forms needed to apply for this funding opportunity. If additional copies of forms are needed, they can be found at *http://www.doleta.gov/msfw* and *http://www.doleta.gov/sga.* Content and Form of Application Submission An application must include two
(2)separate and distinct parts: Part I—a cost proposal, and Part II—a technical proposal. Applications that fail to adhere to the instructions in this section will be considered non-responsive and will not be reviewed. Part I of the proposal is the Cost Proposal and must include the following items: • A cover letter, an original plus two
(2)copies of the proposal, and an ink-signed original SF 424, “Application for Federal Assistance,” must be submitted. As of October 12, 2003, all applicants for federal grant and funding opportunities are required to have a Dun and Bradstreet
(DUNS)number (see OMB Notice of Final Policy Issuance, 68 FR 38402, dated June 27, 2003). Applicants must supply their DUNS number in item #8 of the new SF 424 issued by OMB (Rev. 10-2005). The DUNS number is a nine digit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access this Web site: * http:// www.dunandbradstreet.com * or call 1-866-705-5711. • The Standard Form
(SF)424-A. In preparing the budget form, the applicant must provide a concise narrative explanation to support the request. The budget narrative should break down the budget and discuss precisely how the administrative costs support the project goals. • EEO Survey. Applicants are required to submit OMB Survey No. 1890-0014: Survey on Ensuring Equal Opportunity for Applicants, which can be found at *http://www.doleta.gov/sga/forms.cfm.* Part II of the application is the Technical Proposal, which demonstrates the applicant's capabilities to plan and implement the grant project in accordance with the provisions of this solicitation. The Technical Proposal should be limited to 20 numbered pages, double-spaced and single-sided, in 12-point text font with one-inch margins. Any pages over the 20 page limit will not be reviewed. It should be noted that letters of support and any required attachments will not be subject to the page limitations; letters of support will not be included in the materials provided to the panel for review of the proposal. No cost data or reference to prices should be included in the Technical Proposal. Instead, applicants should include a two-page abstract summarizing the proposed project and applicant profile information including the applicant's name, the project title, and the funding level requested. The two-page abstract is not included in the 20-page limitation. Applications that do not meet these requirements will not be reviewed. Submission Dates and Times The closing date for receipt of applications under this announcement is May 29, 2007. Applications must be received at the address below no later than 5 p.m. Eastern Time on the closing date. Applications may be submitted by mail or electronically through Grants.gov at the address listed below. Applications sent by e-mail, telegram, or facsimile
(fax)will not be accepted. Applications that do not meet the conditions set forth in this notice will not be honored. No exceptions to the mailing and delivery requirements set forth in this notice will be granted. Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James Stockton, Reference SGA/DFA PY 04-07, 200 Constitution Avenue, NW., Room N-4673, Washington, DC 20210. Applicants are advised that mail delivery in the Washington, DC area may be delayed due to mail decontamination procedures. Hand-delivered proposals will be received at the above address. Applicants may apply online at *http://www.grants.gov.* Any application received after the deadline will not be accepted. For applicants submitting electronic applications via Grants.gov, it is strongly recommended that they immediately initiate and complete the “Get Started” steps to register with Grants.gov, at *http://www.grants.gov/GetStarted.* These steps will probably take multiple days to complete, which should be factored in to an applicant's plans for electronic applications submission in order to avoid unexpected delays that could result in the rejection of the application. Also, it is recommended that applicants experiencing problems with electronic submissions submit their proposals by overnight mail until the electronic issues are resolved. Other submission options are discussed in Section IV of this announcement. Late Applications Any application received after the closing date and time specified for receipt at the office designated in this notice will not be considered, unless it is received before awards are made and
(a)it was sent by the U.S. Postal Service registered or certified mail no later than the fifth calendar day before the date specified for receipt of applications (e.g.; an application required to be received by the 20th of the month must be postmarked by the 15th of that month); or
(b)it was sent via professional overnight delivery service or submitted on Grants.gov to the addressee not later than one working day prior to the date specified for receipt of applications. The term “working days” excludes weekends and Federal holidays. “Postmarked” means that a printed, stamped, or otherwise placed impression that is readily identifiable, without further action, as having been supplied or affixed on the date of mailing by an employee of the U.S. Postal Service. Intergovernmental Review Executive Order (E.O.) No. 12372, “Intergovernmental Review of Federal Programs,” and the implementing regulations at 29 CFR part 17 are applicable to this program. Under these requirements, an applicant must provide a copy of the funding proposal for comment to the states that have established a consultation process under the E.O. Applications must be submitted to the state's Single Point of Contact (SPOC), no later than the deadline for submission of the application to the Department. For states that have not established a consultative process under E.O. 12372, but have a State Workforce Investment Board (State Board), the State Board will be the SPOC. For WIA implementation purposes, this consultative process fulfills the requirement of WIA Section 167(e) concerning consultation with Governors and Local Workforce Investment Boards (LWIB). To strengthen the implementation of the E.O., the Department establishes a timeframe for the treatment of comments from the state's SPOC on WIA Section 167 applications (including housing assistance). The SPOC must submit comments, if any, to the Department and the applicant no later than 30 days after the deadline for submission of the application. The applicant's response to the SPOC comments, if any, must be submitted to the Department no later than 15 days after the postmarked date of the comments from the SPOC. The Department will notify the SPOC of its decision regarding the SPOC comments and the applicant's response, and implement that decision within 10 days after notification to the SPOC. The names and addresses of the SPOCs are listed in the Office of Management and Budget's
(OMB)home page at *http://www.whitehouse.gov/omb/grants/spoc.html.* Funding Restrictions As mentioned earlier in this document, appropriations language requires that no less than 70 percent of the funds available through this solicitation must be spent on permanent housing activities. Given this requirement, applicants should clearly identify the types of housing assistance services that will be provided to farmworkers, particularly in cases where an applicant is proposing to provide both permanent and temporary housing assistance. Applicants are advised that the requirement to spend 70 percent of the funds available through this solicitation on permanent housing may affect the number of applications funded and/or the amount of funding per grant. Administrative costs are limited to fifteen
(15)percent of the grant (see definition of administrative costs at 20 CFR 667.220). Administrative costs limits higher than fifteen
(15)percent will not be approved. Indirect Cost Rate An indirect cost rate is required when an organization operates under more than one grant or other activity, whether Federally-assisted or not. Organizations must use the indirect cost rate supplied by the cognizant Federal agency. If an organization requires a new indirect cost rate or has a pending indirect cost rate, the Grant Officer will award a billing rate for 90 days until a provisional rate can be issued. Allowable Costs The Department shall determine what constitutes allowable cost in accordance with the following Federal cost principles, as applicable: OMB Circular A-87, State and Local Governments; OMB Circular A-21, Educational Institutions; OMB Circular A-122, Nonprofit Organizations; and 48 CFR Part 31, Profit-making Commercial Firms. Other Submission Requirements All other submission materials are identified in the various sections of this solicitation. V. Application Review Information Criteria The following full review criteria, totaling a maximum of 100 points, applies to all applications: Understanding the Housing Assistance Needs of the Eligible Migrant and Seasonal Farmworkers in the Proposed Service Area(s)—20 Points The Guiding Principles contained in Section I of this solicitation reflect critical elements for a sound housing assistance strategy, including how housing assistance services should leverage improved outcomes for farmworkers, and that housing developed with NFJP funding should be actively marketed and broadly accessible to NFJP-eligible farmworkers. These Principles, along with an understanding of the housing market in the proposed service area(s) and the problems faced by migrant and seasonal farmworkers in accessing that market, are critical to the formulation of an effective housing assistance strategy. In addition, an effective strategy of outreach to migrant and seasonal farmworkers is essential to meeting their housing assistance needs, as discussed in the Principles. Applicants must describe the housing market in the proposed service area(s), including a description of employer-provided housing, if any; publicly-subsidized housing, if any; and the problems encountered by migrant and seasonal farmworkers in accessing affordable housing. Include a discussion of the problems faced by migrant and seasonal farmworkers in getting and keeping a job, or in participating in training activities that lead to improved economic outcomes, as a result of housing needs going unmet. Applicants must also describe their strategy for identifying and conducting outreach to eligible farmworkers with housing needs. In cases where a number of different organizations are jointly applying, this section must include the requested information for each of the areas covered by the potential sub-grantee organizations. Scoring on this factor will be based on how the tenets included in the Principles were incorporated in the applicant's analysis of the housing market in the area(s) of proposed services, as well as any studies and analyses conducted to determine farmworker housing assistance needs. Scoring will also take into account the quality of the applicant's analysis of housing assistance available through other housing assistance organizations, including faith-based and community organizations, and the applicants' plans to integrate their housing assistance services with those already present in the proposed area(s). The applicant's analysis must demonstrate an in-depth knowledge of the housing market in the service area(s) and how housing availability impacts a farmworker's ability to obtain and retain employment, or participate in training or other activities that lead to improved economic outcomes. Familiarity With the Proposed Service Area(s)—20 Points Familiarity with the housing conditions in the proposed service area(s) and the housing assistance available from other sources in that area(s) is essential to providing housing assistance services that are appropriate for the migrant and seasonal farmworkers in need of services, to assure non-duplicative use of WIA Section 167 housing assistance funds, and to reflect the Principles described in Section I of this solicitation. Applicants must provide an analysis of the housing assistance resources available from all sources in the proposed service area(s), including employer-sponsored housing, state and local agencies, the One-Stop system, and housing assistance organizations, including faith-based and community organizations. Applicants must describe their efforts to engage these resources on behalf of farmworkers, including any successful efforts in the past, and the results of those efforts. Applicants must also describe the strategies they propose to ensure access to these housing opportunities by eligible migrant and seasonal farmworkers, emphasizing the different strategies for each farmworker population. In cases where a number of different organizations are jointly applying, this section must include the requested information for each of the areas covered by the potential sub-grantees. Scoring on this factor will be based on the comprehensiveness and quality of the mapping of housing assistance resources available from sources other than WIA section 167 funds, and the applicant's strategy for using other housing assistance funds to maximize the housing assistance services available to migrant and seasonal farmworkers. Administrative Capacity—20 Points The capacity to effectively administer a housing assistance program is contingent on effective and efficient systems to assure program and fiscal oversight and integrity. Applicants must describe the management information and performance management systems to be used for reporting, and its performance accountability and management, fiscal management, and case management systems. The applicant must include a clear description of its experience with performance management systems and how the results achieved were applied to improved customer service. The discussion should include: • A description of how eligibility to receive housing assistance services will be determined, including how that relates to improved employment outcomes for farmworkers; • a discussion of whether the criteria used to determine eligibility differs among migrant and seasonal farmworker groups, and, if so, what the differences are, and the rationale for them. Applicants must also describe their recordkeeping system in sufficient detail to demonstrate that it is sufficient to prepare financial reports and to trace funds to adequate levels of expenditures to ensure lawful spending. Please note that in cases where a number of different organizations are applying together, the lead agency will be expected to prepare a “roll-up” or aggregated report that clearly identifies the expenditures of each sub-grantee individually, as well as the combined total. The WIA section 167 housing assistance program is required to use electronic reporting via the Internet. The applicant must describe its capacity to provide the equipment (including Personal Computers, software for word processing and spreadsheets, individual e-mail accounts), access (including Internet access), and staff qualified to perform on-line reporting. Scoring on this factor will be based on the quality and comprehensiveness of evidence presented to demonstrate that the applicant has effective management, program and fiscal accounting and reporting systems. Proposed Activities and Services—40 Points The applicant's discussion of the proposed approach to providing specific housing assistance services (permanent, temporary/emergency, or both) is the most important single element of the application, and must reflect the Principles contained in Section I of this solicitation. With regard to the requirements below, this section should clearly indicate whether different housing services strategies will be employed to meet the housing and related employment and training needs of seasonal farmworkers versus migrant farmworkers. Permanent Housing Assistance Applicants proposing to carry out permanent housing activities only must describe their system for identifying farmworkers in need of permanent housing assistance, including the process for eligibility determination and coordination with the NFJP grantee and the relevant state and local One-Stop system to ensure that the housing assistance supports an employment outcome or training objective for farmworkers eligible for NFJP services. The proposal must: • Describe all the phases of the permanent housing project, including pre-development activities, housing development, construction, lease-up, and post-leasing activities (or the activities leading to successful rehabilitation of existing permanent housing), and include a timeline that estimates the length of time required for each project to be undertaken; • Include a description of the housing counseling activities to be provided to farmworkers (including information on first-time home ownership); • Include the types of technical assistance to be provided to other housing organizations, if appropriate; and • A description of the system that will be used to capture the number of referrals made from the NFJP grantee or other One-Stop system partners to permanent housing facilities or units established through a permanent housing program. The proposal should include an estimate of the number of farmworkers to be assisted through the permanent housing program, and an estimate of how many of those farmworkers are also NFJP-eligible farmworkers. Temporary and/or Emergency Housing Assistance Applicants proposing to carry out temporary and/or emergency housing assistance only must describe their system for identifying farmworkers in need of temporary and/or emergency housing assistance, including the process for eligibility determination and coordination with the NFJP grantee in the state and, if applicable, with the relevant state and local One-Stop system, to ensure that the housing assistance supports an employment outcome or training objective for those farmworkers who are NFJP-eligible. The proposal must: • Include a description of the case management approach to be used and the way the organization proposes to manage the delivery of temporary and/or emergency housing assistance services; and • Describe the specific housing assistance services to be offered and the estimated number of migrant and seasonal farmworkers to be served through each proposed service (i.e., temporary and emergency housing, respectively). Separate information should be provided for temporary housing and for emergency housing; • Describe how eligible farmworkers' housing assistance will be coordinated with training and related assistance services provided through the NFJP grantee if the applicant did not apply for or is not awarded an NFJP grant, as well as the Local Workforce Investment Board(s), which oversees strategic planning for all One-Stop partner programs. Permanent and Temporary/Emergency Housing Assistance Applicants proposing to conduct a plan of service that encompasses both permanent and temporary/emergency housing activities must provide all of the information requested above. All applicants are responsible for clearly identifying the organization that will be responsible for delivering the services, whether permanent or temporary and/or emergency, in each proposed service area, i.e., the descriptions requested above must be included for each organization that will deliver housing services in cases where a number of different organizations are applying jointly. Scoring on this factor will be based on evidence that the applicant has effectively used its knowledge and experience as presented in the previous sections, as applicable, to develop a housing assistance strategy. The housing strategy and plan of service must successfully meet the objectives of the Guiding Principles described in Section I of this solicitation and be tailored appropriately to meet the needs of migrant and seasonal farmworkers in the service area(s). Review and Selection Process The Grant Officer will select potential grantees utilizing all information available to him/her. A review panel will rate each proposal according to the criteria specified in this solicitation. Panel reviews are critical to the selection of grantees but are advisory in nature, and their recommendations are not binding on the Grant Officer. The Grant Officer will make the final selection determination based on what best meets the needs of migrants and seasonal farmworkers. The Grant Officer may, at his/her discretion, request an applicant to submit additional or clarifying information if needed to make a selection. Please note that selections may be made without further contact with the applicants. In such situations, an award will be based on the SF 424, which constitutes a binding offer. VI. Award Administration Information Award Notices The Grant Officer will notify applicants, in writing, if they are selected as potential grantees. The notification will invite each potential grantee to negotiate the final terms and conditions of the grant, as applicable, will establish a reasonable time and place for negotiations, and will indicate the specific service delivery area and amount of funds to be allocated under the grant. FY 2007 funds will be awarded for the period July 1, 2007, through June 30, 2008. An applicant that is not selected as a potential grantee or whose application has been denied in whole or in part by the Department will be notified in writing by the Grant Officer and advised of all appeal rights. Administrative and National Policy Requirements There are no additional administrative or national policy requirements besides those discussed elsewhere in this solicitation. Reporting Reporting for the WIA section 167 housing assistance program is under consideration; applicants awarded grants will be apprised of the progress and the implications for grantees. Grantees will be required to submit reports on financial expenditures on a quarterly basis. In addition, until a reporting system is operational, grantees will be required to submit narrative reports on program participation and participant outcomes. VII. Agency Contacts Questions related to this solicitation may be directed to Ms. Mamie Williams, Grants Management Specialist; phone 202-693-3341; fax: 202-693-2879 (this is not a toll-free number). Please include a contact name, fax and telephone number. This announcement is also being made available on the ETA Web site at *http://doleta.gov/sga/sga.cfm* and *http://www.grants.gov* . Signed at Washington, DC, this 16th day of April, 2007. James W. Stockton, Grant Officer. [FR Doc. E7-7496 Filed 4-19-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Workforce Investment Act—Migrants and Seasonal Farmworkers Program Solicitation for Grant Applications—National Farmworker Jobs Program for Program Year 2007 AGENCY: U.S. Department of Labor, Employment and Training Administration. ACTION: New. Initial announcement of a Program Year
(PY)2007 grant competition for operating the National Farmworker Jobs Program
(NFJP)under section 167 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. 2912. *Funding Opportunity Number:* SGA/DFA-PY 06-04. *Catalog of Federal Domestic Assistance
(CFDA)Number:* 17.264. SUMMARY: The U.S. Department of Labor (the Department or DOL), Employment and Training Administration (ETA), Office of Workforce Investment (OWI), Division of Adult Services (DAS), announces a grant competition for operating the National Farmworker Jobs Program (NFJP), under section 167 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. 2912. All applicants for grant funds should read this notice in its entirety. Under WIA section 167
(a)the Secretary must award grants or contracts on a competitive basis to eligible entities for the purposes of carrying out the activities authorized under section 167. Under this solicitation, DAS anticipates that approximately $74,302,000, allotted among state service areas, will be available for grant awards for the NFJP. DATES: *Key Dates:* The closing date for receipt of applications under this announcement is May 29, 2007. Applications must be received at the address below no later than 5 p.m., Eastern Standard Time. ADDRESSES: Mailed applications must be directed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James Stockton, Room N-4673, 200 Constitution Avenue, NW., Washington, DC 20210. Other submission options are discussed in Section IV of this solicitation. SUPPLEMENTARY INFORMATION: I. Funding Opportunity Description The U. S. Department of Labor, Employment and Training Administration, Office of Workforce Investment (OWI), Division of Adult Services
(DAS)is requesting grant applications for operating the National Farmworker Jobs Program
(NFJP)in accordance with section 167 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. 2912. The NFJP is designed to serve economically disadvantaged persons who primarily depend on employment in agricultural labor performed within the United States, including Puerto Rico, and who experience chronic unemployment or underemployment. Qualifying participants are typically those persons employed on a seasonal or part-time basis in the unskilled and semi-skilled manual labor occupations in crop and animal production. Through training and other workforce development services, the program is intended to assist eligible migrants and seasonal farmworkers and their families to prepare for jobs likely to provide stable, year-round employment both within and outside agriculture. The economic transformation brought about by advances in technology and information has ushered in the globalization era; in turn, this has caused the U.S. economy to put in place strategic and structural changes that allow businesses to adapt quickly to different business conditions. For workers, globalization has meant an increased emphasis on their ability to retool their skill requirements in response to new business needs. Agricultural employers and farmworkers face substantial challenges in adapting to the new, global economy. Increasingly, globalization has caused U.S. agricultural employers, particularly those smaller agricultural entities in rural areas, to face worker shortages and decreased markets for their products. Farmworkers and other agricultural laborers have found increasingly tighter employment markets, due in part to technological advances in harvesting a variety of crops, and the increased use of foreign agricultural workers by U.S. agricultural entities. In response to these developments, ETA has pursued, for the last five years, a strategy to assist agricultural employers and farmworkers alike by emphasizing greater access to the full spectrum of services available from locally-operated One-Stop Career Centers, not just services funded through the WIA Section 167 program (NFJP). This strategy is intended to continue the workforce system's movement towards integrated service delivery that is responsive to the demands of the labor market. At the same time, ETA recognizes that while global competition is a national challenge, the effects are largely seen at the local/regional level, where localities and regions strive to develop innovative solutions to restart or reshape their economies. In an effort to assist such regional economies in accomplishing their goals for economic transformation, and to expand employment and advancement opportunities for American workers, ETA launched the Workforce Innovation in Regional Economic Development (WIRED) initiative in February 2006. The WIRED framework brings together all the key players in a region to leverage their collective public and private sector assets and resources in order to devise strategies that focus on infrastructure, investment, and talent development that will optimize innovation and successful regional transformation. The role of the workforce investment system under the WIRED framework is to focus on talent development strategies that provide new opportunities for American workers and catalyzes new job growth and regional economic competitiveness. Applicants are strongly encouraged to visit *http://www.doleta.gov/WIRED* for additional information on the WIRED initiative. ETA believes that the NFJP can benefit from principles established under WIRED, particularly talent development strategies, and a continued commitment to an integration strategy established in previous years. Therefore, the PY 2007 SGA contains elements of both; i.e., it requires applicants responding to this SGA to design their programs around priorities that continue to support the system's progress towards fully integrated services, as well as beginning the movement of the NFJP activities into the WIRED framework. To that end, the following priorities are required to be addressed in all applications: Expansion of Employment Opportunities for Farmworkers Through Specific Targeting of Employers and Occupations in High Growth Industries—Building a Demand-Driven System The PY 2007 SGA builds upon the requirement initiated in the last NFJP grants competition that applicants establish an annual goal to increase the number of employers with whom they do business, to describe the strategies that demonstrate that continued expansion, as well as to ensure that such strategies result in enhanced employment opportunities for farmworkers. Applicants are required to provide an analysis of the industries currently in the regions where farmworkers work and live, particularly high growth industries; the occupations in those industries for which farmworkers could be trained; the outreach strategies to be used to ensure that opportunities are created for farmworkers to access those occupations; and an analysis of the farmworker labor pool in the area. Applicants must describe the challenges to be addressed in preparing farmworkers for these employment opportunities, including “mapping” the educational resources available in the requested service area that can be accessed to prepare farmworkers for these and other employment opportunities. An analysis of the economic conditions in those areas/regions; how the conditions influence the availability of jobs in high growth industries; and how those economic conditions influence the influx of new industries to the state must be included. In addition, applicants are required to identify successful micro-enterprise and other entrepreneurial opportunities and practices for migrants and seasonal farmworkers, describe the strategies to be developed and implemented to lead the NFJP towards farmworker talent development through these entrepreneurial opportunities, and discuss how employers and other key players in the state will be involved in the development of these opportunities. A Balanced Program of Activities—Continued Progress Towards Enhanced Integration Through the One-Stop System With Improved Service Delivery and Increased Efficiencies Integrated service delivery remains essential to a demand-driven workforce system that effectively serves businesses and individuals. The workforce system must operate as a seamless system functionally organized around service delivery rather than as an array of separate programs with separate processes. The objective is for “customers” to be seen as customers of the workforce investment system, not a particular program. This goal is particularly important when focusing on targeted populations such as migrants and seasonal farmworkers. Better integration and delivery of services within the One-Stop system, of which the NFJP is a required partner, can significantly increase the number of farmworkers who receive high quality workforce investment services that lead to improved employment and earnings. It also leads to optimum use of limited resources by all the partners in the workforce system on behalf of their farmworker customers. Critical to this goal is an applicant's strategy for balancing the mix of activities and services to be offered to farmworkers. Related assistance services (such as emergency assistance, supportive services, English as a Second Language, or other services intended to assist farmworkers to enter training or retain their employment) are an important component in the menu of services provided to farmworkers. However, the central focus of the NFJP remains employment and training services that lead to higher skilled and higher paid employment for farmworkers, either within or outside agriculture. Part of that focus must be to provide for career guidance, lifelong learning opportunities, and other educational approaches appropriate to the population to be served, such as apprenticeships and post-secondary education, that serves the applicant's talent development strategy and helps to leverage resources from other strategic partners in the system. Applicants must describe how their intended mix of program services, including appropriate educational activities, reflects the central importance of employment and training services that leverage economic outcomes for farmworkers. In addition, applicants are required to describe the strategic planning and operational steps they will undertake to have a significant, consistent impact on services integration. The NFJP is subject to the requirements found at WIA section 167 and the Department's regulations at 20 CFR part 669. This program is also subject to the requirements of 29 CFR parts 93 (New Restrictions on Lobbying), 96 (Audit Requirements), and 98 (Debarment, Suspension, and Drug-Free Workplace Requirements), the non-discrimination regulations implementing WIA Section 188 at 29 CFR part 37, as well as DOL's Equal Treatment regulations, found at 29 CFR part 2, Subpart D. Applicants should be familiar with these requirements and consult the WIA regulations at 20 CFR parts 660 through 671 in developing their grant proposals. Should the regulations at part 669 of WIA conflict with regulations elsewhere in 20 CFR, the regulations at part 669 will control. In addition, this program is subject to the provisions of the “Jobs for Veterans Act,” Public Law 107-288, which provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the U.S. Department of Labor. In circumstances where a NFJP grant recipient must choose between two equally qualified candidates for training, one of whom is a veteran, the Jobs for Veterans Act requires that NFJP grant recipients give the veteran priority of service by admitting him or her into the program. Please note that, to obtain priority of service, a veteran must first meet the program's eligibility requirements. ETA Training and Employment Letter
(TEGL)No. 5-03 (September 16, 2003) provides guidance on the scope of the Jobs for Veterans Act and its effect on current employment and training programs. TEGL No. 5-03, along with additional guidance, is available at the “Jobs for Veterans Priority of Service” Web site at *http://www.doleta.gov/programs/vets* . The NFJP is subject to the common performance measures for job training and employment programs established by the Office of Management and Budget (OMB). Guidance on the common performance measures can be found in ETA's TEGL No. 17-05 (February 17, 2006), available at *http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2195* . Applications submitted in response to this SGA are required to include estimates of expected performance against these common performance measures. The common performance measures are: Entered Employment, Employment Retention, and Average Earnings. To assist applicants with their estimates, the current goals (PY 2006) for the three measures are: Entered Employment—85%; Employment Retention—80%; and Average Earnings—$7,500. Applicants are required to describe their reporting system that allows for the data collection necessary to report results against the common measures. The NFJP began data collection for the common measures on July 1, 2005. II. Award Information The type of assistance instrument to be used for the NFJP is the grant. Grants awarded through this solicitation will be for a two-year period, as prescribed in WIA Section 167. Please be advised that the $74,302,000 provides funding for the NFJP for PY 2007 only (July 1, 2007 through June 30, 2008). Therefore, second year funding will be dependent on the availability of funding through the FY 2008 appropriations process. The amount available nationally for the NFJP state service area allotments is $74,302,000. State allocations are established through a formula process, and are published in a separate **Federal Register** Notice. Please refer to our Web site ( *http://www.doleta.gov/MSFW/pdf/allocationtable.pdf* ) for a list of individual state allocations. For purposes of this SGA, applications are solicited for a single NFJP operation per state, to serve the migrant and seasonal farmworkers of each state and Puerto Rico, with the following exceptions: • Connecticut and Rhode Island are a combined state service area; • Delaware and Maryland are a combined state service area; • Applications for the combined state service areas mentioned above must address the two states as a single geographic area, but the proposed service delivery plan for the combined state area must show that consideration has been given to the entire population of migrant and seasonal farmworkers working or residing within the combined geographic area; • Between 4 and 6 applications will be selected to operate the NFJP program in the agricultural counties in California; and • No application will be accepted to provide services in Alaska due to the state's small relative share of seasonal agricultural employment. Please be advised that in the event that no grant application is received for a state, or all applications received are considered not fundable by the Grant Officer after the panel review and scoring process, or a grant agreement is not successfully negotiated with a selected applicant, the Department will offer the Governor of that state an opportunity to submit an application, if that state has not applied (i.e., if no state agency in that state applied for a grant in this competition). If the Governor does not accept this offer within 15 days after being notified, or the Department finds the Governor's application not fundable, the Department reserves the right to designate another organization to operate the NFJP in that state. In cases where the state agency was an applicant, and all applications are found not fundable or are not successfully negotiated, the Department reserves the right to designate another organization to operate the NFJP in that state. Note: Selection of an organization as a grantee does not constitute approval of the grant application as submitted. Before the actual grant is awarded, the Department may enter into negotiations about such items as program components, staffing and funding levels, and administrative systems in place to support grant implementation. If the negotiations do not result in a mutually acceptable submission, the Grant Officer reserves the right to terminate the negotiation and decline to fund the application. III. Eligibility Information *Eligible Applicants* —Applicants need not be a current or prior WIA Section 167 grantee to establish eligibility to be awarded a grant under this solicitation. State agencies, Local Workforce Investment Boards (LWIBs), faith-based and community organizations, institutions of higher learning, and other entities capable of delivering services on a statewide basis are all examples of organizations eligible to apply for WIA Section 167 grants. WIA Section 167(b) describes entities eligible to receive a grant as those that have: —An understanding of the problems of eligible migrant and seasonal farmworkers, including their dependents; —A familiarity with the geographical area to be served; and —A demonstrated capacity to effectively administer a diversified program of workforce investment activities for eligible migrant and seasonal farmworkers. Additionally, to be responsive to the requirements of this solicitation, applicants must demonstrate how the strategies contained in their applications will support the priorities described in Section I of this solicitation, i.e., expansion of employment opportunities for farmworkers through specific targeting of employers and occupations in high growth industries—building a demand-driven system; and a balanced program of activities—continued progress towards enhanced integration through the One-Stop system with improved service delivery and increased efficiencies. Applicants must demonstrate how they will work with the State Workforce Investment Board (State Board) or Local Workforce Investment Boards (LWIBs), One-Stop operators in the service area(s), or other key institutions in the region to assure an integrated service delivery approach to farmworkers through the local One-Stop system and within the WIRED framework. This may include strategic planning and operational steps taken by the applicant and the State Board, LWIBs, or other partners likely to have a significant impact on services integration in the context of a regional economy. If the applicant is a state, a LWIB or a One-Stop operator applying on behalf of the LWIB, the application must instead demonstrate how efforts have been will be undertaken to integrate services provided by all One-Stop partners. In addition, the application must also demonstrate efforts to enhance the workforce services provided to farmworkers, the expected outcomes for those services, and the “next steps” to be undertaken to continue to improve on any past integration efforts. *Cost Sharing or Matching* —The WIA section 167 program does not require grantees to share costs or provide matching funds. *Other Eligibility Criteria* —In accordance with 29 CFR Part 98, entities that are debarred or suspended shall be excluded from Federal financial assistance and are ineligible to receive a WIA Section 167 grant. Prior to awarding a grant, the Department will conduct a responsibility review of each potential grantee through available records. The responsibility review relies on examining available records to determine if an applicant has a satisfactory history of accounting for Federal funds and property. The responsibility review is independent of the competitive process. Applicants failing to meet the standards of the responsibility review may be disqualified for selection as grantees, irrespective of their standing in the competition. Any applicant that is not selected as a result of the responsibility review will be advised of their appeal rights. The responsibility tests that will be applied are those found in the WIA regulations (20 CFR 667.170). *Legal rules pertaining to inherently religious activities by organizations that receive Federal financial assistance* —The government is generally prohibited from providing direct financial assistance for inherently religious activities. Please note that, in this context, the term direct financial assistance means financial assistance that is provided directly by a government entity or an intermediary organization, as opposed to financial assistance that an organization receives as the result of the genuine and independent private choice of a beneficiary. These grants may not be used for religious instruction, worship, prayer, proselytizing, or other inherently religious activities. Neutral, non-religious criteria that neither favor nor disfavor religion must be employed in the selection of grant recipients and sub-recipients. DOL's Equal Treatment regulations are found at 29 CFR part 2, Subpart D. IV. Application and Submission Information Address To Request Application Package This SGA includes all information and forms needed to apply for this funding opportunity. If additional copies of forms are needed, they can be found at *www.doleta.gov/msfw, www.doleta.gov/sga/forms.cfm* , or at the **Federal Register** Web site, *http://www.gpoaccess.gov* . Content and Form of Application Submission An application must include two
(2)separate and distinct parts: Part I—a cost proposal, and Part II—a technical proposal. Applications that fail to adhere to the instructions in this section will be deemed non-responsive and will not be considered. Part I, the Cost Proposal, must include the following items: • A cover letter, an original plus two
(2)copies of the proposal, and an ink-signed original SF 424, “Application for Federal Assistance” must be submitted. Since October 12, 2003, all applicants for federal grant and funding opportunities are required to have a Dun and Bradstreet
(DUNS)number (see OMB Notice of Final Policy Issuance, 68 FR 38402; June 27, 2003). Applicants must supply their DUNS number in item #8 of the new SF-424 issued by OMB (Rev. 10/2005). The DUNS number is a nine-digit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access this Web site: *http://www.dunandbradstreet.com* . You can also call 1-866-705-5711. • The Standard Form
(SF)424-A. In preparing the budget form, the applicant must provide a concise narrative explanation to support the request. The budget narrative should break down the budget and discuss precisely how administrative costs support the project goals. • EEO Survey. Applicants are required to submit OMB Survey No. 1890-0014: Survey on Ensuring Equal Opportunity for Applicants, which can be found at *http://www.doleta.gov/sga/forms.cfm* . Part II is the Technical Proposal, which demonstrates the applicant's capabilities to plan and implement the grant project in accordance with the provisions of this solicitation. The Technical Proposal must be limited to 40 numbered pages, double-spaced, single-sided, in 12-point text font and one-inch margins. Any pages over the 40-page limit will not be reviewed. Letters of support and any required attachments will not be subject to the page limitations, nor will they be included in the materials provided to the panel for review of the proposal. If any attachments are included, please label each accordingly and specify the content of the attachment. No cost data or reference to prices should be included in the Technical Proposal. Instead, applicants should provide a two-page abstract summarizing the proposed project and applicant profile information, including the applicant's name, the project title, and the funding level requested. The two-page abstract is not included in the 40 page limit. Applications that do not meet these requirements will not be considered. Submission Dates and Times The closing date for receipt of applications under this announcement is May 29, 2007. Applications must be received at the address below no later than 5:00 p.m. Eastern time on the closing date Applications may be submitted at the addresses indicated below by mail or electronically via *www.Grants.gov* . Applications sent by e-mail, telegram, or facsimile
(fax)will not be accepted. Applications that do not meet the conditions set forth in this notice will not be honored. No exceptions to the mailing and delivery requirements set forth in this notice will be granted. Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James Stockton, Reference SGA/DFA PY 04-06, 200 Constitution Avenue, NW., Room N-4673,Washington, DC 20210. Applicants are advised that mail delivery in the Washington, DC area may be delayed due to mail decontamination procedures. Hand-delivered proposals will be received at the above address. As mentioned earlier, applicants may also apply online at *http://www.grants.gov* . Any application received after the deadline will not be accepted. For applicants submitting electronic applications via Grants.gov, it is strongly recommended that you immediately initiate and complete the “Get Started” steps to register with Grants.gov at *http://www.grants.gov/GetStarted* . These steps will probably take multiple days to complete, which should be factored into plans for electronic applications submission in order to avoid facing unexpected delays that could result in the rejection of an application. Also, it is recommended that applicants experiencing problems with electronic submissions submit their proposals by overnight mail until the electronic issues are resolved. Late Applications Any application received after the closing date and time specified for receipt at the office designated in this notice will not be considered, unless it is received before awards are made and
(a)it was sent by the U.S. Postal Service registered or certified mail no later than the fifth calendar day before the date specified for receipt of applications (e.g., an application required to be received by the 20th of the month must be postmarked by the 15th of that month); or
(b)it was sent via professional overnight delivery service or submitted on Grants.gov to the addressee not later than one working day prior to the date specified for receipt of applications. The term “working days” excludes weekends and Federal holidays. “Postmarked” means a printed, stamped, or otherwise placed impression that is readily identifiable, without further action, as having been supplied or affixed on the date of mailing by an employee of the U.S. Postal Service. Intergovernmental Review Executive Order No. 12372, “Intergovernmental Review of Federal Programs,” and the implementing regulations at 29 CFR part 17 are applicable to this program. Under these requirements, an applicant must provide a copy of the funding proposal for comment to the states that have established a consultation process under the Executive Order. Applications must be submitted to the state's Single Point of Contact (SPOC), no later than the deadline for submission of the application to the Department. For states that have not established a consultative process under E.O. 12372, but have a State Workforce Investment Board (State Board), the State Board will be the SPOC. For WIA implementation purposes, this consultative process fulfills the requirement of WIA Section 167(e) concerning consultation with Governors and Local Workforce Investment Boards (LWIB). To strengthen the implementation of E.O. 12372, the Department establishes the following timeframe for the treatment of comments from the state's SPOC on WIA Section 167 applications:
(1)The SPOC must submit comments, if any, to the Department and to the applicant, no later than 30 days after the deadline date for the submission of applications;
(2)the applicant's response to the SPOC comments, if any, must be submitted to the Department no later than 15 days after the postmarked date of the comments from the SPOC;
(3)the Department will notify the SPOC (with copy to the applicant) of its decision regarding the SPOC comments and applicant response; and
(4)the Department will implement that decision within 10 days after it has notified the SPOC. The names and addresses of the SPOCs are listed in the Office of Management and Budget's
(OMB)home page at *http://www.whitehouse.gov/omb/grants/spoc.html* . Funding and Other Restrictions Grantees are limited to 15 percent of the grant for administrative costs (see definition of administrative costs at 20 CFR part 667.220.) Administrative costs limits higher than 15 percent of the grant will not be approved. Indirect Cost Rate An indirect cost rate is required when an organization operates under more than one grant or other activity, whether Federally-assisted or not. Organizations must use the indirect cost rate supplied by the cognizant Federal agency. If an organization requires a new indirect cost rate or has a pending indirect cost rate, the Grant Officer will award a billing rate for 90 days until a provisional rate can be issued. Allowable Costs The Department shall determine what constitutes allowable costs in accordance with the following Federal cost principles, as applicable: OMB Circular A-87, State and Local Governments; OMB Circular A-21, Educational Institutions; OMB Circular A-122, Nonprofit Organizations; and 48 CFR part 31, Profit-Making Commercial Firms. Other Submission Requirements All other material required to be submitted is identified in the various sections of this solicitation. V. Application Review Information Criteria The following review criteria, totaling a maximum of 100 points, apply to all applications: Economic Analysis of the Area: Understanding the Problems of the Eligible Migrants and Seasonal Farmworkers in the State Service Area—15 Points To fully understand the problems encountered by migrants and seasonal farmworkers as they seek enhanced employment opportunities requires a full understanding and analysis of the economy in the state service area, its industries and the employment opportunities they present for farmworkers, and the outreach strategies necessary to secure those opportunities for farmworkers; i.e., building a demand driven system (as described in the priorities listed in Section I). Therefore, applicants must provide an analysis of the economy (agricultural and non-agricultural) in the geographic area they propose to serve, the employment outlook for the area, including the number of employers with whom they currently work, and a plan for outreach to and recruitment of new employers. A description of the expected job opportunities for migrants and seasonal farmworkers from these new employers, and how economic conditions and employer hiring needs affect the employment prospects of eligible migrant and seasonal farmworkers must also be provided. This section must also include a detailed description of the state/regional labor market, both agricultural and non-agricultural, the economic conditions expected during the course of the program year, with emphasis on the specific economic challenges of regional agricultural economies, and the hiring implications those economic conditions pose for the employers in the region/area. In addition, this section must include a discussion of the industries that are declining in the service area/region as well as those industries targeted for growth and expansion that hold the potential for improved employment and earnings for farmworkers. Applicants should also discuss the strategies to be used in securing those opportunities for farmworkers. Applicants must also describe the socio-economic characteristics and problems faced by eligible farmworkers, and their dependents, in the proposed service area/region. To do so, applicants must describe the implications that economic conditions and challenges in the region, the labor market outlook, and the analysis of potential high growth occupations hold for the workforce strategies proposed through this solicitation. Applicants should also include a “mapping” of the educational resources available in the area that can be assist farmworkers in accessing employment in the high-growth industries identified by the applicant. Scoring on this factor will be based on how well the applicant demonstrates its understanding of the local/regional economy and how these economic conditions help to define the challenges to be met, and the problems to overcome, in improving farmworkers' employment and earnings. Scoring will also be based on how well the proposal demonstrates the nexus between economic conditions, the characteristics of the eligible farmworkers, the educational resources, and the workforce investment needs of the population to be served. The review and evaluation of this factor will also look at the strategies developed for outreach to and recruitment of new employers that can provide improved job placement opportunities, both within and outside agriculture, for the farmworkers to be served. The proposal should clearly describe the links between the economic analysis conducted for this application and the applicant's assessment of the number of new employers to be recruited, including a description of how this will result in improved employment opportunities for farmworkers in higher-skilled, higher-paid occupations. Strategic Partnerships and Collaboration: Familiarity With the Proposed Service Area—25 Points To achieve the goal of integrating services for farmworkers through the One-Stop system and begin moving the NFJP towards the WIRED framework, and so ensure that integration assists in driving innovation and economic transformation in the requested service area, the applicant must have a clear understanding of the workforce investment and economic development services in the area, the network of social, educational, and health services available to help meet the diverse needs of the eligible farmworkers, and strategic partnerships in place to ensure the collaboration necessary to develop workforce solutions that connect farmworkers served through the program with employment opportunities. This section must include a description of the agencies and strategic partners in the requested service area, including faith-based and community organizations, and the applicant's experience in collaborating with these organizations in a service delivery strategy for migrant and seasonal farmworkers. It should also include a description of the services available through local service organizations, including faith-based and community organizations, and the applicant's strategy to mobilize those organizations to provide comprehensive services to farmworkers while optimizing the use of limited NFJP resources, particularly supportive or related assistance services. If the applicant is not a state, a LWIB, or a One-Stop operator, it must describe its prior experience, if any, and demonstrated effectiveness in working with the One-Stop system in the requested service area to provide services to farmworkers. Include a description of the applicant's collaborative efforts to date to integrate services to farmworkers across all partners in the One-Stop system, and the steps to be taken to establish a significant, consistent impact on services integration. These steps may include, but are not limited to: • Participation in local/state activities to develop the modification to the State Strategic Plans for Title I of the WIA and the Wagner-Peyser Act for years three and four of the current five-year planning cycle; • Participation in activities that connect workforce investment and education with economic development planning; • Participation in activities that help the State Board or LWIB to get more agricultural employers involved in the workforce investment system; • Setting co-enrollment targets (between the NFJP and the WIA formula funded programs) that represent a substantial increase in services to farmworkers; • Creating better pathways to both basic and post-secondary education, specifically with community colleges; • Entering into and implementing agreements with the State Board or the LWIBs and One-Stop operators to significantly increase outreach to farmworkers, and to significantly increase the number of One-Stop staff who are cross-trained in NFJP/adult and dislocated workers services and requirements. Applicants must describe their experience with developing or improving existing working relationships between partners in the One-Stop system, and how that experience will be translated into improved services integration for eligible farmworkers. If the applicant is a state, a LWIB, or a One-Stop operator, this section should include a detailed description of the efforts to date to integrate services for farmworkers through the One-Stop system, the success of those efforts, and the operational steps to be undertaken to institutionalize services integration, instead of the information requested above. Scoring on this factor will be based how the information requested above represents evidence of the applicant's knowledge of and working relationship with the network of workforce investment and related services in the requested service area, including the One-Stop system, and the services offered by social, educational, faith-based, community, and health organizations that are available to assist farmworkers. Scoring will also be based on the applicant's effectiveness and success with causing these organizations to direct their resources towards addressing the needs of farmworkers in the requested service area in ways that maximize the availability of limited NFJP resources while increasing the services provided to farmworkers through the One-Stop and/or other service agencies. If the applicant is a state, a LWIB or a One-Stop operator, scoring will be based on the success of efforts to integrate services to farmworkers through the One-Stop system and its partners, or the demonstrated potential for increased services to farmworkers, instead of on the factors listed above. Any success to date in enrolling and serving farmworkers in WIA formula-funded programs must be included. Administrative Capacity—20 Points Applicants must demonstrate that they have adequate and sustainable management information, performance management, case management, accounting, and program and fiscal reporting systems in place to ensure program and fiscal integrity. Because the NFJP has eligibility requirements for participation in the program, the applicant must also describe the eligibility determination and verification system in place that will allow for correct eligibility determinations and minimize enrollment of ineligible participants. Additionally, all ETA-funded job training programs, including the NFJP, are implementing a data validation initiative intended to ensure that the data collected and reported to ETA is accurate. An applicant's participant and reporting system must be able to implement data validation procedures, as described in TEGL 3-03, 3-03 change 1, and 3-03 change 2 (OMB clearance issued August 31, 2004). Applicants must describe their systems in support of program integrity, such as management information, performance management, and program participation (including individual participant records), needed for quarterly reporting and performance accountability and management, and to establish and maintain a client-centered case management system. Applicants are reminded that the NFJP is subject to OMB's common measures for job training and employment (Entered Employment, Employment Retention, and Average Earnings, described earlier in this solicitation); therefore, the data collection and reporting system, as well as its link to performance management and accountability, must be described in detail. Fiscal integrity is a critical component of operating any federally-funded program. The applicant must describe a system that is sufficient to prepare financial reports and to trace funds to adequate levels of expenditures to ensure lawful spending. The system must have the capacity to track spending by program, to ensure that, for those organizations with funding from more than one federal program, expenditures are posted against the appropriate program. The system must also be able to track program income generated through activities funded by the NFJP funding, and show the link between program income and those additional participants and/or services funded through program income. Applicants must also describe their capacity to manage the supportive services, also described as related assistance services, and to account for expenditures related to these services. The NFJP is required to use electronic reporting via the Internet. Applicants must describe their capacity to provide the equipment, access, and staff qualified to perform on-line reporting. The applicant must also demonstrate its capacity to provide case management as well as the electronic tools to be utilized (Personal Computer, software, Internet access, and e-mail accounts) to implement a client-centered, case management system. Scoring on this factor will be based on evidence of effective systems for performance accountability and management, program and fiscal reporting, case management, eligibility determination and verification, as well as the ability to report electronically through the Internet. Integrated Service Delivery Strategies: Proposed Plan of Services—40 Points As mentioned in the priorities listed in Section I, integrated service delivery remains essential to a demand-driven workforce system that effectively serves businesses and individuals; it can significantly increase the number of farmworkers who receive quality services that lead to improved employment and earnings. Critical to this element is a strategy for balancing the mix of services and activities offered to farmworkers. A balanced mix emphasizes employment and training activities, recognizes the importance of related assistance services, and includes service delivery strategies that focus on appropriate educational approaches, such as remediation, career guidance, GED leading to apprenticeships, and other approaches appropriate to the population to be served. Therefore, the proposed service plan should describe in detail the major program activities planned for the state service area in PY 2007, given the mix of services mentioned above. The proposal should include a description of how these program activities will support the priorities identified in Section I of this solicitation: Expansion of employment opportunities for farmworkers through specific targeting of employers and occupations in high growth industries—building a demand-driven system; and a balanced program of activities—continued progress towards enhanced integration through the One-Stop system with improved service delivery and increased efficiencies. The proposal should describe the applicant's vision, strategy, goals and objectives that guide the proposed plan of service and the results expected from implementing the proposed plan. It should include a description of how this service plan will strengthen migrant and seasonal farmworkers' ability to obtain or retain employment, to access appropriate educational opportunities (remediation, career guidance, apprenticeships), or access employment opportunities in high-growth occupations. It should also describe any micro-enterprise or other entrepreneurial activities to be pursued, if appropriate; and activities to upgrade farmworkers' employment opportunities within agriculture, if they so choose. The services described should be directly connected to the basic and occupational skills sets needed for the talent development of farmworkers in the area's economy. The plan should provide clear evidence that the service plan expands the workforce and related services available to farmworkers due to a closer integration and specific collaboration between the NFJP service strategy and the local workforce investment service plan, new or stronger partnerships with faith-based and community organizations, and new partnerships with key entities involved in regional economic transformation, as appropriate. Applicants are strongly encouraged to include service delivery strategies that will provide farmworkers with career pathways both within and outside agricultural employment; i.e., remediation leading to post secondary education or credentialing (if appropriate); high school diplomas or GED, leading to apprenticeship opportunities, if applicable; and/or industry-accepted certifications. Applicants should describe their strategy for providing related assistance services to farmworkers (see definition at 20 CFR 669.110). Applicants are reminded that the NFJP is intended to be a job training program, whose purpose is to assist eligible migrant and seasonal farmworkers and their families prepare for jobs that provide stable, year-round employment, both within and outside agriculture. Related assistance services include supportive services that assist eligible migrant and seasonal farmworkers to retain employment or enter into or remain in training. While no limitation is placed on the numbers of participants receiving related assistance services only, applicants are expected to describe in full how they will continue to increase the number of participants receiving employment and training services. If the applicant is a state, a LWIB or a One-Stop operator, the application must demonstrate how the service strategy achieves integration of services by all partners in the One-Stop system, and how this integration results in enhanced and improved workforce investment services to farmworkers, within a state service area and/or regional economy. The program plan of service section must include descriptions of: • The state service area covered by the plan. If the proposal is for less than the entire agricultural area of the state (as could be the case in California, for example) the plan must identify the geographic area where services will be provided and an explanation supporting the geographic area selected. • An estimate of the number of migrant and seasonal farmworker, broken out by category, to be provided training services. An estimate should be included of the number of migrant and seasonal farmworkers, broken out by category, who will be provided related assistance services only. • The strategies for conducting participant outreach and recruitment, including the involvement, where applicable, of faith-based and community organizations in those strategies, as well as other One-Stop partner programs. • The proposed client-centered case management system, including the staff's responsibilities for managing the system, the staff development opportunities available to enhance their skills in case management, and the capacity to increase community resources available for case management through joint alliances and/or endeavors, such as through faith-based or community organizations, or through the One-Stop system. • The core services to be delivered, and how those services will be delivered in collaboration with the One-Stop system. Include a description of the eligibility determination system and how the applicant determines service priorities. • The intensive services proposed, the strategy for providing them, and the collaboration with the One-Stop system in the provision of these services (see definition of intensive services at WIA Section 134(d)(3) and 20 CFR 669.370). Please note that the NFJP regulations at 20 CFR 669.380 provide that the delivery of intensive and training services should flow from an objective assessment process that includes an Individual Employment Plan. The proposal must describe the strategy for doing this, as well as the organization's capacity to appropriately address an individual's needs as identified through the objective assessment. Intensive services are described in WIA 134(d)(3)(C) and 20 CFR 669.370. • If work experience is to be offered as an activity, the process by which the determination to use it is based, and the strategy for measuring its success as a program activity. (See 20 CFR 669.370 (b)(i) and (b)(ii)(B) for additional information on work experience activities.) • The training services to be provided to eligible farmworkers, including the process used to determine a participant's enrollment in training services, and the process used when the determination is made not to place a participant in training. (See 20 CFR 669.410 for a description of, training services.) In addition, the proposal should describe the strategy to be used to promote co-enrollment of participants in the WIA formula funded programs. • The related assistance services, including supportive services, needed by migrant and seasonal farmworkers and their dependents, and the strategy for providing those services, including the agencies or organizations with whom the applicant will collaborate and/or coordinate these services. The proposal should provide separate descriptions for those farmworkers receiving supportive services and also intensive and/or training services, and those farmworkers for whom related assistance services will be the only services provided. It should also include a description of the process used to determine the need for related assistance services, the differences in the determination process, if any, among migrant and seasonal farmworker groups, and the rationale for the differences. • The proposal should describe the applicant's strategy for balancing related assistance services with the need to increase employment and training services. • The proposal should describe the educational approaches to be used, including remediation, GED attainment, GED leading to apprenticeships, career guidance and other pathways leading to credentialing or post secondary opportunities, if applicable, to assist the participant in obtaining the occupational skills that lead to employment in high-growth occupations or to higher paying employment within the agricultural industry. • A description of the strategies to be used to achieve performance results with respect to job placement, employment retention, and average earnings (i.e., the common measures). • A description of the strategies to address how job placement opportunities will be pursued among the employers in the service area, including how job placement opportunities from new employers will be secured, as well as opportunities in high growth industries/occupations. • The process by which the applicant will conduct follow-up services for those who are placed in jobs or engaged in entrepreneurial activities. Scoring on this factor will be based on evidence that the applicant has used the information provided in the first three rating criteria, described above, to develop a service strategy and a plan of service that leads to measurable impact on improving the employment and earnings of farmworkers. It will also be based on evidence that the plan of service contains a balanced program of activities, and a rationale for the proposed services, as well as evidence that the service plan encompasses resources and program activities available from other One-Stop partners and/or the local services agencies, including faith-based and community organizations. The evaluation of this factor will also assess whether the service strategy and service plan presented by the applicant reflect a knowledge of the local workforce investment plan and proposes services that complement that plan in a way that increases employment opportunities for farmworkers. If the applicant is a state, a LWIB or a One-Stop operator, the evaluation of this factor will also assess opportunities for integrating services through the One-Stop system and its partner programs to improve the workforce and related services received by farmworkers. Special emphasis will be placed on the success achieved in enrolling and serving farmworkers through WIA formula-funded programs. Review and Selection Process A review panel will rate each proposal according to the criteria scoring factors specified in this solicitation. Panel reviews are critical to the selection of grantees but are advisory in nature, and their recommendations are not binding on the Grant Officer. The Grant Officer, in selecting potential grantees, may consider any information that comes to his or her attention, including past performance under a previous grant and information from the program office, and will make the final selection determination based on what best meets the needs of eligible migrants and seasonal farmworkers in the area to be served. The Grant Officer may consider factors such as panel findings, geographic presence of the applicants, proposed areas to be served, and other pertinent factors. The Grant Officer's determination for award under this SGA is final. The Grant Officer may elect to make awards either with or without discussions and negotiations with the applicant. In situations without discussions, an award will be based on the applicant's signature on the SF-424, which constitutes a binding offer. Applications rated by the review panel with a score of less than 80 points will not be recommended for an award. In areas where there are no applications with a score of 80 or above, the process for selecting another potential grantee, described in Section II, will be implemented. VI. Award Administration Information Award Notices The Grant Officer will notify applicants, in writing, if they are selected as potential grantees. The notification will invite each potential grantee to negotiate the final terms and conditions of the grant as applicable, will establish a reasonable time and place for the negotiations, and will indicate the specific state service area and amount of funds to be allocated under the grant. FY 2007 funds will be awarded for the period July 1, 2007 to June 30, 2008. An applicant that is not selected as a potential grantee or whose application has been denied in part or in whole by the Department will be notified in writing by the Grant Officer and advised of all appeal rights. The notification will outline the deficiencies as noted by the review panel and offer an opportunity for a debriefing. The written notification by the Grant Officer constitutes a final decision, for the purposes of 20 CFR 667.800. Administrative and National Policy Requirements There are no additional administrative or national policy requirements. Reporting An applicant's proposal becomes the annual grant plan after a grant award is made, with additional information as appropriate and requested by the funding agency. WIA Section 167 grantees will be required to submit reports on financial expenditures, program participation, and participant outcomes on a quarterly basis. Grantees will also have to submit planned financial expenditures and planned program participation forms at the beginning of the program year. Grantees must report electronically, but may be asked to submit reports in paper form on occasion. As reflected earlier in this solicitation, this program is subject to the common measures of performance. Grantees will be required to provide the data necessary to collect information for reporting performance results against the common measures. VII. Agency Contacts Questions related to this solicitation may be directed to Ms. Mamie Williams, Grants Management Specialist, phone 202-693-3341; fax: 202-693-2879 (this is not a toll free number). Please include a contact name, fax and telephone number. This announcement is also being made available on the ETA Web site at *http://doleta.gov/sga/sga.cfm* and *http://www.grants.gov.* Signed at Washington, DC this 16th day of April, 2007. James W. Stockton, Grant Officer. [FR Doc. E7-7497 Filed 4-19-07; 8:45 am] BILLING CODE 4510-FN-P FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES Arts And Artifacts Indemnity Panel Advisory Committee; Notice of Meeting Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463 as amended) notice is hereby given that a meeting of the Arts and Artifacts Indemnity Panel of the Federal Council on the Arts and the Humanities will be held at 1100 Pennsylvania Avenue, NW., Washington, DC 20506, in Room 716, from 9 a.m. to 5 p.m., on Monday, May 7, 2007. The purpose of the meeting is to review applications for Certificates of Indemnity submitted to the Federal Council on the Arts and the Humanities for exhibitions beginning after January 1, 2007. Because the proposed meeting will consider financial and commercial data and because it is important to keep values of objects, methods of transportation and security measures confidential, pursuant to the authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee Meetings, dated July 19, 1993, I have determined that the meeting would fall within exemption
(4)of 5 U.S.C. 552(b) and that it is essential to close the meeting to protect the free exchange of views and to avoid interference with the operations of the committee. It is suggested that those desiring more specific information contact Acting Advisory Committee Management Officer, Heather Gottry, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or call 202-606-8322. Heather Gottry, Acting Advisory Committee Management Officer. [FR Doc. E7-7526 Filed 4-19-07; 8:45 am] BILLING CODE 7536-01-P NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES National Council On the Humanities; Meeting April 18, 2007. Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended) notice is hereby given the National Council on the Humanities will meet in Washington, DC, on May 8-9, 2007. The purpose of the meeting is to advise the Chairman of the National Endowment for the Humanities with respect to policies, programs, and procedures for carrying out his functions, and to review applications for financial support from and gifts offered to the Endowment and to make recommendations thereon to the Chairman. The meeting will be held in the Old Post Office Building, 1100 Pennsylvania Avenue, NW., Washington, DC. A portion of the morning and afternoon sessions on May 8-9, 2007, will not be open to the public pursuant to subsections (c)(4),(c)(6) and (c)(9)(B) of section 552b of Title 5, United States Code because the Council will consider information that may disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential; information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and information the premature disclosure of which would be likely to significantly frustrate implementation of proposed agency action. I have made this determination under the authority granted me by the Chairman's Delegation of Authority dated July 19, 1993. The agenda for the session on May 8, 2007 will be as follows: Committee Meetings (Open to the Public) Policy Discussion 9-10:30 a.m. Challenge Grants and Education Programs—Room 415 Federal/State Partnership—Room 510A Preservation and Access—Room M-07 Public Programs—Room 421 Research Programs—Room 315 (Closed to the Public) Discussion of Specific Grant Applications and Programs Before the Council 10:30 a.m. until Adjourned Challenge Grants and Adjourned Education Programs—Room 415 Federal/State Partnership—Room 510A Preservation and Access—Room M-07 Public Programs—Room 421 Research Programs—Room 315 2-3 p.m. Jefferson Lecture—Room 527 The agenda for the session on May 9, 2007 will be as follows: The morning session will convene at 9 a.m. in Room M-09, and will be open to the public, as set out below. A. Minutes of the Previous Meeting B. Reports 1. Introductory Remarks 2. Staff Report 3. Congressional Report 4. Reports on Policy and General Matters a. Challenge Grants b. Education Programs c. Federal/State Partnership d. Preservation and Access e. Public Programs f. Research Programs g. Jefferson Lecture The remainder of the proposed meeting will be given to the consideration of specific applications and closed to the public for the reasons stated above. Further information about this meeting can be obtained from Ms. Heather Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or by calling
(202)606-8322, TDD
(202)606-8282. Advance notice of any special needs or accommodations is appreciated. Heather Gottry, Acting Advisory Committee Management Officer. [FR Doc. E7-7529 Filed 4-19-07; 8:45 am] BILLING CODE 7536-01-P NATIONAL SCIENCE FOUNDATION Interagency Arctic Research Policy Committee; Notice of Meeting In accordance with the Arctic Research and Policy Act (Pub. L. 101-609, as amended), the National Science Foundation announces the following meeting: *Name:* Interagency Arctic Research Policy Committee. *Date:* April 27, 2007, 10 a.m. to 12 p.m. *Place:* National Science Foundation, 4201 Wilson Boulevard, Room 1295, Arlington, VA. FOR FURTHER INFORMATION CONTACT: Fae Korsmo, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230,
(703)292-8030. Dated: April 17, 2007. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. E7-7501 Filed 4-19-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget
(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a current valid OMB control number. 1. *Type of submission, new, revision, or extension:* Revision. 2. *The title of the information collection:* NRC Form 314, Certificate of Disposition of Materials. 3. *The form number if applicable:* NRC Form 314. 4. *How often the collection is required:* this form is submitted once, when a licensee terminates its license. 5. *Who is required or asked to report:* Persons holding an NRC license for the possession and use of radioactive byproduct, source, or special nuclear material who are ceasing licensed activities and terminating the license. 6. *An estimate of the number of responses:* 171. 7. *The estimated number of annual respondents:* 171. 8. *The number of hours needed annually to complete the requirement or request:* 85.5. 9. *An indication of whether Section 3507(d), Pub. L. 104-13 applies:* Not applicable. 10. *Abstract:* NRC Form 314 furnishes information to NRC regarding transfer or other disposition of radioactive material by licensees who wish to terminate their licenses. The information is used by NRC as part of the basis for its determination that the facility has been cleared of radioactive material before the facility is released for unrestricted use. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by May 21, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. OMB Desk Officer, Office of Information and Regulatory Affairs (3150-0028), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be submitted by telephone at
(202)395-3087. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245. Dated at Rockville, Maryland, this 13th day of April 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-7530 Filed 4-19-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget
(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a current valid OMB control number. 1. *Type of submission, new, revision, or extension:* Extension. 2. *The title of the information collection:* NRC Forms 540 and 540A, “Uniform Low-Level Radioactive Waste Manifest (Shipping Paper) and Continuation Page;” NRC Forms 541 and 541A, “Uniform Low-Level Radioactive Waste Manifest, Container and Waste Description, and Continuation Page;” NRC Forms 542 and 542A, “Uniform Low-Level Radioactive Waste Manifest, Index and Regional Compact Tabulation, and Continuation Page.” 3. *The form number if applicable:* NRC Forms 540 and 540A; NRC Forms 541 and 541A; and NRC Forms 542 and 542A. 4. *How often the collection is required:* Forms are used by shippers whenever radioactive waste is shipped. Quarterly or less frequent reporting is made to NRC depending on specific license conditions. 5. *Who will be required or asked to report:* All NRC-licensed low-level waste facilities. All generators, collectors, and processors of low-level waste intended for disposal at a low-level waste facility must complete the appropriate forms. 6. *An estimate of the number of annual responses:* NRC Form 540 and 540A: 13,400 licensees. NRC Form 541 and 541A: 13,400 licensees. NRC Form 542 and 542A: 756 licensees. 7. *The estimated number of annual respondents:* NRC Form 540 and 540A: 2,500 licensees. NRC Form 541 and 541A: 2,500 licensees. NRC Form 542 and 542A: 22 licensees. 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* NRC Form 540 and 540A: 10,050 (.75 hours per response). NRC Form 541 and 541A: 44,341 (3.3 hours per response). NRC Form 542 and 542A: 567 (.75 hours per response). 9. *An indication of whether Section 3507(d), Pub. L. 104-13 applies:* Not applicable. 10. *Abstract:* NRC Forms 540, 541, and 542, together with their continuation pages, designated by the “A” suffix, provide a set of standardized forms to meet Department of Transportation (DOT), NRC, and State requirements. The forms were developed by NRC at the request of low-level waste industry groups. The forms provide uniformity and efficiency in the collection of information contained in manifests which are required to control transfers of low-level radioactive waste intended for disposal at a land disposal facility. NRC Form 540 contains information needed to satisfy DOT shipping paper requirements in 49 CFR Part 172 and the waste tracking requirements of NRC in 10 CFR Part 20. NRC Form 541 contains information needed by disposal site facilities to safely dispose of low-level waste and information to meet NRC and State requirements regulating these activities. NRC Form 542, completed by waste collectors or processors, contains information which facilitates tracking the identity of the waste generator. That tracking becomes more complicated when the waste forms, dimensions, or packagings are changed by the waste processor. Each container of waste shipped from a waste processor may contain waste from several different generators. The information provided on NRC Form 542 permits the States and Compacts to know the original generators of low-level waste, as authorized by the Low-Level Radioactive Waste Policy Amendments Act of 1985, so they can ensure that waste is disposed of in the appropriate Compact. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by May 21, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Margaret Malanoski, OMB Desk Officer, Office of Information and Regulatory Affairs (3150-0164, -0166, & -0165), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *Margaret_A._Malanoski@omb.eop.gov* or submitted by telephone at
(202)395-3087. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245. Dated at Rockville, Maryland, this 13th day of April 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-7533 Filed 4-19-07; 8:45 am] BILLING CODE 7590-01-P PEACE CORPS Information Collection Requests Under OMB Review AGENCY: Peace Corps. ACTION: Notice of public use form review request to the Office of Management and Budget. SUMMARY: The Director for Coverdell World Wise Schools invites comments on information collection requests as required pursuant to the Paperwork Reduction Act (44 USC Chapter 35). This notice announces that the Peace Corps has submitted to the Office of Management and Budget a request to approve the use of the PC-DP-969.3 (04/2007), World Wise Schools Conference Online Registration Form. A copy of the information collection may be obtained from Sally Caldwell, Director of World Wise Schools, Peace Corps, Office of Domestic Programs, 1111 20th Street, NW., Washington, DC 20256. Ms. Caldwell may be contacted by telephone at 202-692-1425. The Peace Corps invites comments on whether the proposed collection of information is necessary for proper performance of the functions of the Peace Corps and the Paul D. Coverdell World Wise Schools' Annual Conference, including whether the information will have practical use; the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques, when appropriate, and other forms of technology. Comments on the form should also be addressed to the attention of Ms. Sally Caldwell, and should be received on or before June 19, 2007. Information Collection Abstract *Title:* World Wise Schools Conference—Online Registration Form. *Need for and Use of this Information:* The Peace Corps and Paul D. Coverdell World Wise Schools need this information to officially register attendees to the annual World Wise Schools Conference. The information is used a s record of attendees. *Respondents:* Educators, and employees of governmental and nongovernmental organizations interested in promoting global education in the classroom. *Respondents' Obligation to Reply:* Voluntary. *Burden on the Public:* a. *Annual reporting burden:* 50 hours. b. *Annual record keeping burden:* 50 hours. c. *Estimated average burden per response:* 10 minutes. d. *Frequency of response:* Annually. e. *Estimated number of likely respondents:* 300. f. *Estimated cost to respondents:* $0.00/$0.00. Dated: April 10, 2007. Wilbert Bryant, Associate Director for Management. [FR Doc. 07-1972 Filed 4-19-07; 8:45am]
Connectionstraces to 28
51 references not yet in our index
  • 44 CFR 61
  • Pub. L. 90-448
  • Pub. L. 93-234
  • 5 CFR 1320.10
  • Pub. L. 104-13
  • 44 USC 35
  • 25 CFR 171.17
  • 31 CFR 901
  • 25 CFR 171
  • 935 F.2d 281
  • 502 U.S. 1057
  • Pub. L. 63-160
  • 38 Stat. 583
  • 42 USC 4321-4370(d)
  • 43 CFR 2741.5
  • 43 CFR 2710.0-3
  • 43 CFR 2711.3-3
  • 43 CFR 2720.2(a)
  • 43 CFR 2711.1-2(a)
  • 43 CFR 8365
  • 43 CFR 8360.0-7
  • 43 CFR 8351.2-1
  • 8 CFR 214.2(h)(6)
  • 8 CFR 214.2(h)(6)(ii)(B)
  • 20 CFR 655
  • 8 CFR 214.2(h)(6)(iv)(E)
  • 8 CFR 214.2(h)(6)(ii)
  • 29 CFR 75
  • 29 USC 2912
  • 29 USC 9201
  • Pub. L. 110-5
  • 20 CFR 669.430
  • 20 CFR 669
  • 29 CFR 34
  • 29 CFR 37
  • 29 CFR 2
  • Pub. L. 107-288
  • 29 CFR 98
  • 20 CFR 667.170
  • 29 CFR 17
+ 11 more
Citation graph
cites case law
Notices
Notice and request for comments
F. App'x935 F.2d 281
SCOTUS502 U.S. 1057
Cite44 CFR 61
Cites 79 · showing 12Cited by 0 across 0 sources
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